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RUSSO v. TEACHERS' PENSION AND ANNUITY FUND

62 N.J. 142 (1973)

299 A.2d 697

MARIE RUSSO, WIDOW OF PATSY RUSSO, DECEASED, PETITIONER-APPELLANT, v. TEACHERS' PENSION AND ANNUITY FUND, RESPONDENT-APPELLEE.

The Supreme Court of New Jersey.

Decided January 22, 1973.

Attorney(s) appearing for the Case

Mr. Jack Mandell argued the cause for appellant (Messrs. Balk, Jacobs, Goldberger and Mandell, attorneys).

Miss Prudence H. Bisbee, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by WEINTRAUB, C.J.

This case involves a claim against the Teachers' Pension and Annuity Fund (herein Fund) for accidental death benefits. The widow of the employee received the benefits payable for a nonaccidental death, consisting of the return of the employee's contribution with interest thereon and a sum equal to 1-1/2 times his last year's salary. N.J.S.A. 18A:66-38(a) and (b). Upon the premise that death was accidental...

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