STATE EX REL. SHISLER v. OHIO PUB. EMPS. RETIREMENT SYS.

No. 2008-2102.

122 Ohio St.3d 148 (2009)

2009-Ohio-2522

THE STATE EX REL. SHISLER, Appellant, v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee.

Supreme Court of Ohio.

Decided June 4, 2009.


Attorney(s) appearing for the Case

Law Offices of Tony C. Merry, L.L.C., and Tony C. Merry, for appellant.

Richard Cordray, Attorney General, and Laura Erebia Parsons, Assistant Attorney General, for appellee.


Per Curiam.

{¶ 1} This is an appeal from a judgment denying a writ of mandamus to compel appellee, Ohio Public Employees Retirement System ("PERS"), to accept the election of a pension-payment plan executed by a PERS retiree and directing PERS to provide the retiree's surviving spouse with a monthly benefit based on a joint-survivorship annuity in accordance with the election. Because PERS did not abuse its discretion in denying the...

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