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Deibert v. Board of Trustees of Teachers'' Pension and Annuity Fund

Decided: May 1, 1964.

HARRIET REINERS DEIBERT, PETITIONER-APPELLANT,
v.
BOARD OF TRUSTEES OF TEACHERS' PENSION AND ANNUITY FUND, DIVISION OF PENSIONS, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT



Conford, Freund and Sullivan. The opinion of the court was delivered by Freund, J.A.D.

Freund

This is an appeal from a determination of the Board of Trustees, Teachers' Pension and Annuity Fund (Board) that appellant's "early retirement" under N.J.S.A. 18:13-112.39 was effective as of March 1, 1962, rather than September 1, 1961, as contended by appellant.

Appellant was employed by the Camden Board of Education as a teacher from September 1927 through June 1961. She

submitted her formal resignation to the board of education in the second week of June 1961, shortly after becoming engaged to be married. The resignation was accepted later that month, to take effect June 30, 1961.

As a result of a conversation with her school principal concerning the retirement benefits to which she was entitled, appellant sent the following letter to the Teachers' Pension and Annuity Fund (Fund), which was received on July 14, 1961:

"Dear Sir: --

I have resigned my Teaching position as of June 30, 1961 --

Please review my pension money and advise what in your opinion would be the best to do --

1. Draw out money --

2. If you advise above what would the amount be?

3. Vest money accumulated until age 60

4. If you advise No. 3 -- what would the monthly ...


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