Martinez v. Public Employees Retirement Ass'n

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’s death. We hold that Mrs. Martinez did not have an interest in her husband’s retirement benefits after his death other than a statutorily created property…