Legal Opinion

Garrett v. Teachers' & State Employees' Retirement System ex rel. Board of Trustees

Court of Appeals of North Carolina

Decided September 20, 1988No. 875SC1253PublishedCited by 1 opinion

1Opinion of the Court

WELLS, Judge.

Respondent raises several assignments of error concerning the standard of review under the North Carolina Administrative Procedure Act, N.C. Gen. Stat. §§ 150B-1-64 (1987), but we do not deem it necessary to reach them on this appeal.

This case involves the interpretation of the “in service” provisions of Ñ.C. Gen. Stat. § 135-5(1) (1979) (current version N.C. *411Gen. Stat. § 135-5(1) (1987)). The relevant portions of the death benefit provisions of the statute are as follows:

Upon receipt of proof, satisfactory to the Board of Trustees in their capacity as trustees under the Group…

2Cases cited2 opinions

  1. Harris v. Duke Power Co.Supreme Court of North Carolina · 1987
  2. Stanley v. Retirement & Health Benefits Division, Dept. of State TreasurerCourt of Appeals of North Carolina · 1982

3Cited by1 opinion

  1. Walker v. Board of Trustees of the North Carolina Local Governmental Employees' Retirement SystemCourt of Appeals of North Carolina · 1997

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