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FREEDMAN v. BD. OF TRUSTEES PUB. EMPLOYEES' RET.

78 N.J. Super. 571 (1963)

189 A.2d 828

RAE W. FREEDMAN AND RAE W. FREEDMAN, EXECUTRIX UNDER THE LAST WILL AND TESTAMENT OF SANFORD FREEDMAN, PLAINTIFF-APPELLANT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Mr. Barry C. Waldorf argued the cause for appellant (Messrs. Hannoch, Weisman, Myers, Stern & Besser, attorneys; Mr. Waldorf on the brief).

Mr. Herbert S. Alterman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Alterman of counsel).

Before Judges FOLEY, FREUND and KILKENNY.

The opinion of the court was delivered by KILKENNY, J.A.D.

Rae W. Freedman, as widow of Sanford Freedman and as executrix of his estate, applied to the Board of Trustees of the Public Employees' Retirement System of New Jersey for the payment of $13,500 in death benefits, claiming that she was entitled thereto under the provisions of N.J.S.A. 43:15A-41(c). The Board denied her application on the ground that decedent was not a "member in service" at the time...

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