In re Van Orden

The opinion of the court was delivered by

LEVY, P.J.Ch. (temporarily assigned).

Kenneth Van Orden, Jr. appeals from a final administrative decision of the Board of Trustees of the Public Employees’ Retirement System (PERS) issued on August 19, 2004 denying his application to change his pension payment option after the thirty-day time period for making changes expired and after appellant began receiving his retirement allowance. PERS concluded that applicable statutes and regulations prevented it from granting the request. The facts are undisputed.

Appellant began public employment on April 1,…