- The Petitioner is not entitled to the decedent's accumulated deductions and interest as the State Board of Retirement did not receive the member's change of beneficiary form naming the Petitioner as beneficiary until after he died.
- Petitioner is not entitled to change her deceased husband’s retirement option selection after his retirement and death. She had signed the spousal acknowledgement on the option selection form showing selection of Option B. No evidence showed the deceased husband was mentally impaired at the time he made his election, and her testimony that she believed the form she signed was a disability form is irrelevant in the absence of any fraud or misrepresentation on the part of the Respondent. Even if the option selection was invalid for some reason, the result would not have been changed, as the default selection is Option B in the absence of a valid election.
Madgie Cox and Alvie Grimes v. Boston Retirement Board and Teresa Carter and Richard Carter, III, CR-07-1017 (DALA, 2008)The Petitioners are not the rightful beneficiaries of the Board's deceased member because the deceased member did not file with the Board prior to his death a change of beneficiary form naming the Petitioners as his beneficiaries in accordance with G.L. c. 32, s. 11(2)(c).
- Deceased husband's option election of Option A could not be changed to provide his widow with retirement benefits. She had signed the spousal acknowledgement form regarding Option A. No evidence showed the deceased husband was mentally impaired at the time he made his election or that his widow was misled into signing the spousal acknowledgment
- Appeal dismissed pursuant to 801 CMR 1.01(7)(g)(2) for lack of prosecution for petitioners' failure to appear at the hearing
- The decision of the Board denying member-survivor benefits to the Petitioner is affirmed as none of the required conditions outlined in G.L. c. 32, s. 12(2)(d) have been met.
- The Petitioner failed to meet her burden of proof to demonstrate that the death of her husband was the natural and proximate result of the injury sustained or hazard undergone of account of which he was retired. Her claim for accidental death benefits is denied.
- In accordance with the provisions of G.L. c. 32, § 12 (2), the Middlesex Retirement System properly denied the Petitioner’s request for retirement benefits under Option C on behalf of her former husband, Michael Donahue, as she was remarried prior to the effective date of Mr. Donahue’s retirement.
- The Petitioner is not entitled to make an election under Option C as no election had been made or was in effect at the time of the member's death.
- New Bedford Retirement System annual affidavit that required retiree to list his beneficiaries was a "prescribed form" within the meaning of M.G.L. c. 32, s. 11(2)(c), and hence when retiree four times filed annual affidavits listing his wife as his beneficiary, the unexpended portion of his annuity account should be paid on his death to his wife as his designated beneficiary, rather than to his son, who the retiree had listed on a change of beneficiary form he had filed earlier with the Retirement System
- I affirm the decision of respondent. I find that Petitioner, as the G.L. c. 32, § 11(2)(c) beneficiary of the not yet retired deceased member, is not entitled to any benefits because deceased left at his death two minor children entitled to elect through their legal guardian pursuant to G.L. c. 32, § 12(2)(d) and § 12B, the member-survivor allowance under option (d), and to receive monthly allowances while they remain minors or full-time students, or remain alive, and any residual accumulated deductions revert to the pension fund of respondent and cannot be distributed to petitioner.
- The Petitioner is not entitled to survivor benefits from the estate of Brenda Whitman as the member did not change her retirement beneficiary form, leaving everything to the Guide Dog Foundation, prior to her death.
- The Petitioner is not entitled to receive additional survivor benefits payable to her son pursuant to G.L. c. 32, s. 12B as her son is not a full-time student.
People also viewed...
You recently viewed...
Personalization is OFF. Your personal browsing history at Mass.gov is not visible because your personalization is turned off. To view your history, turn your personalization on.
Learn more on our .
*Recommendations are based on site visitor traffic patterns and are not endorsements of that content.