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STATE OF MINNESOTA IN COURT OF APPEALS A07-2066 In the Matter of the Application for PERA Retirement Benefits of Michael A. McGuire Filed October 7, 2008 Affirmed Worke, Judge Public Employees Retirement Association of Minnesota File No. 225866 Lori Swanson, Attorney General, Jon K. Murphy, Assistant Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101 (for respondent Public Employees Retirement Association of Minnesota) Patrick J. Kelly, Trevor S. Oliver, Christine Swanson, Kelly & Lemmons, P.A., 2350 UBS Plaza, 444 Cedar Street, St. Paul, MN 55101 (for appellant Michael A. McGuire) Considered and decided by Connolly, Presiding Judge; Worke, Judge; and Schellhas, Judge. SYLLABUS The Public Employees Retirement Association of Minnesota cannot be equitably estopped from denying or rescinding unauthorized payments. OPINION WORKE, Judge Appellant challenges a determination by respondent Public Employees Retirement Association of Minnesota (PERA) that he is ineligible for retirement benefits because he did not complete a "continuous separation for 30 days from employment as a public employee" as required by Minn. Stat.

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