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12 N.J.A.R. 881

Public Employees' Retirement System, Bd. of Trustees; Boyle, Estate of Thomas v
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Citation: 12 N.J.A.R. 881
Decision Date: 1988
Synopsis: Petitioner appealed the determination of the Board of Trustees of the Public Employees' Retirement System (PERS) not to honor a change of beneficiary form signed by the deceased employee before he died, but not received by PERS until after his death. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that the employee had signed a change of beneficiary form on August 7 and it was received by PERS on August 17. The employee died on August 12. The Board refused to honor the form because the applicable statutes require such changes to occur within the lifetime of the employee. The administrative law judge agreed that the law required the form to be filed during the employee's lifetime. Therefore, the change of beneficiary form was legally insufficient. Upon review, this initial decision was adopted by the Board of Trustees of PERS. The Appellate Division reversed. Gerald T. Glennon, Esq., for petitioner Kathe F. Mullally, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 1:1-12.5 
Citation Tracker adopted-Bd. of Trustees; reversed -234 N.J. Super. 93 (App. Div. 1989) [Updated through 1991]