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MARTINEZ v. PERA OF NEW MEXICO

No. 31,310.

286 P.3d 613 (2012)

2012-NMCA-096

Blanca MARTINEZ, Plaintiff-Petitioner, v. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION OF NEW MEXICO, and Public Employees Retirement Board, Defendants-Respondents.

Court of Appeals of New Mexico.

Certiorari Granted, September 14, 2012, No. 33,759.

Attorney(s) appearing for the Case

The Pickett Law Firm, LLC, Mark L. Pickett , Las Cruces, NM, for Petitioner.

Charles Rennick, LLC, Charles Rennick , Santa Fe, NM, for Respondents.

OPINION

BUSTAMANTE, Judge.

{¶ 1} Blanca Martinez appeals from a district court decision upholding the Public Employees Retirement Board's conclusion that (1) she had no absolute entitlement to survivor benefits under her deceased husband's retirement plan with the Public Employees Retirement Association, and (2) she had not substantially complied with the statutory requirement to apply for survivor benefits within one year of her husband...

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