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MARINUCCI v. STATE EMPLOYEES' RET. SYSTEM

863 A.2d 43 (2004)

Barbara M. MARINUCCI, Petitioner v. STATE EMPLOYEES' RETIREMENT SYSTEM, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 18, 2004.

Publication Ordered December 29, 2004.

Attorney(s) appearing for the Case

Mark C. Walsh, Scranton, for petitioner.

M. Catherine Nolan, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Barbara M. Marinucci (Claimant) appeals an order of the State Employees' Retirement Board (Board) that adopted, in part, the hearing examiner's recommendation to deny retirement benefits to Claimant on the basis that she failed to submit an application, thus disqualifying herself under Section 5907 of the State Employees' Retirement Code (Code), 71 Pa.C.S. § 5907. Claimant asserts on appeal that the Board committed an error by...

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