Opinion
March 26, 1962.
June 13, 1962.
Schools — Teachers — Retirement — Election to receive annuity payable only during lifetime — Death within ninety days and before receipt of any monthly checks — Act of May 18, 1956, P.L. (1955) 1629, amending Act of July 18, 1917, P.L. 1043.
On appeal from an adjudication of the Public School Employes' Retirement Board denying plaintiffs, executors of a deceased school teacher, any of deceased's benefits in his superannuation retirement allowance, except those which he would have been entitled to receive from the effective date of his retirement to the date of his death, in which it appeared that decedent made application for his superannuation retirement allowance which he requested to begin on July 1, 1958, and elected to receive the "maximum annuity", which meant that he was to receive the superannuation retirement allowance throughout his life but that upon his death payments would cease; that decedent's application was approved by the board; that on August 19, 1958, prior to his receiving any check on account of his retirement allowance, decedent died and thereafter his executors were paid, without prejudice, the sum of two monthly payments for the months of July and August; that plaintiffs contended that, decedent having died within ninety days of his retirement and before having received any payments, he had not "entered upon" the superannuation retirement allowance and must be "considered" as having elected the option provided in § 15.1 of the Act of May 18, 1956, P.L. (1955) 1629, added to the Act of July 18, 1917, P.L. 1043, even though he had actually elected the maximum allowance; and that the court below, holding that decedent had made his election and thus effectively rejected any option, and that § 15.1 was not applicable to a person such as decedent who had effectively retired, affirmed the adjudication; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 73, March T., 1962, from order of Court of Common Pleas of Dauphin County, No. 288 Commonwealth Docket, 1960, in case of Thomas B. Ogden et al. v. Public School Employes' Retirement Board. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 151.
Appeal by claimants from decision of Public School Employes' Retirement Board refusing claim. Before HERMAN, J.
Adjudication filed finding for defendant; exceptions to adjudication dismissed and final order entered dismissing appeal. Plaintiffs appealed.
Nochem S. Winnet, with him A. Arthur Miller, and Fox, Rothschild, O'Brien Frankel, for appellants.
Marshall J. Seidman, Deputy Attorney General, with him David Stahl, Attorney General, for retirement board, appellee.
Argued March 26, 1962.
The order of the court below affirming the adjudication of the Public School Employes' Retirement Board is affirmed on the opinion of Judge R. DIXON HERMAN, reported in 27 Pa. D. C.2d 151.