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Matter Veronica E. Robillard v. Arthur Levitt

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eBook details

  • Title: Matter Veronica E. Robillard v. Arthur Levitt
  • Author : Supreme Court of New York
  • Release Date : January 07, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

On March 29, 1963 decedent became a member of the New York State Employees Retirement System. Thereafter, and on January 29, 1968, he named appellant, his niece, as beneficiary to receive benefits in the event he died prior to his retirement. On November 19, 1969 decedent filed an application for retirement effective December 20, 1969. Subsequently, and on January 29, 1970, he executed on a form provided by the Retirement System an election of benefits under "Option One" and named appellant beneficiary to receive the balance of his unpaid retirement allowance upon his death. Decedent died on February 4, 1970, but the election of benefits form was not received by the New York State Employees Retirement System until February 18, 1970. The respondent disapproved appellants application for benefits on the ground that the decedent died "after the effective date of his retirement and without having made an effective election of a retirement option". (Retirement and Social Security Law, § 90.) This article 78 proceeding ensued. We agree with the respondents determination. The weight of authority [44 A.D.2d 611 Page 612]


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