New Mexico Court of Appeals August 24, 2001, No. 20,787 (State ex rel. Public Employees Retirement Ass'n v. Longacre)

lead-opinion

OPINION

BUSTAMANTE, Judge.

{1} Appellant, Public Employees Retirement Association (PERA), appeals from a summary judgment rendered in favor of Defendant/Appellee, Lawrence Longacre (Lawrence), arguing that NMSA 1978, § 10-11-4.2(A) (1997) unconstitutionally limits its ability to recover overpayments made to Maria Longacre, Lawrence’s deceased spouse. We agree Section 10-11-4.