Alessandro v. Borough of Braddock

391 A.2d 38, 37 Pa. Commw. 513, 1978 Pa. Commw. LEXIS 1297
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 13, 1978
DocketAppeal, No. 58 C.D. 1977
StatusPublished
Cited by2 cases

This text of 391 A.2d 38 (Alessandro v. Borough of Braddock) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alessandro v. Borough of Braddock, 391 A.2d 38, 37 Pa. Commw. 513, 1978 Pa. Commw. LEXIS 1297 (Pa. Ct. App. 1978).

Opinion

Opinion by

Judge Mencer,

This action in assumpsit arises out of a claim by Josephine Alessandro (plaintiff), now deceased, to the proceeds of- a $10,000 life insurance policy issued [515]*515to the Borough of Braddock Insured Police Pension Annuity Fund (Fund) by the American Bankers Life Assurance Company.1 The policy insured the life of plaintiff’s brother, Stephen A. Andolina, a member of the Borough of Braddock (Borough) police force.

The Fund was established in 1957 by Borough Ordinance No. 642 (Ordinance 642), pursuant to Section 1 of the Act of May 29, 1956, P.L. (1955) 1804, as amended (Act), 53 P.S. §767, in order to provide pension benefits to Borough police.

The Fund acquired the life insurance policy on February 10, 1958, covering the life of Andolina. Plaintiff was his designated beneficiary. The Fund maintained ownership of the policy, paid the premiums, and reserved the right to change the beneficiary. In January of 1962, in an effort to maintain the Fund’s actuarial stability, the Fund was designated as beneficiary of all policies held by the Fund insuring the lives of Borough police. An endorsement naming the Fund as beneficiary was attached to the Andolina policy on January 3, 1962.

On October 12, 1966, Andolina died, prior to retirement and the receipt of pension benefits. The proceeds of the policy were paid to the Fund pursuant to its terms. Plaintiff then instituted this action in the Court of Common Pleas of Allegheny County to obtain the proceeds of the policy.

The Honorable Rolf Larsen, presiding as trial judge, determined that (1) the proceeds were properly paid to the Fund, (2) the Fund was not unjustly enriched, (3) the plaintiff was entitled to $2,000 as a death benefit pursuant to Ordinance 642 as amended Borough Ordinance No. 734-A (Ordinance 734-A) enacted October 9, 1963, and (4) the plaintiff was en[516]*516titled to $1,160 in interest. The court en banc affirmed the award. Plaintiff appeals that decision. We affirm.

Plaintiff contends that she is entitled to the full $10,000 proceeds, of the life insurance policy under Ordinance 734-A and, in the alternative, that the Fund has been unjustly enriched at her expense and should therefore be required to make restitution.

Ordinance 734-A provides, in pertinent part:

Each member of the police force, after the receipt of the first pension payment to which he is entitled following his retirement shall also become entitled to a two-thousand ($2,000.00) Dollar paid-up policy of life insurance made payable to his heirs or the estate of such retired police officer as a death benefit.
If any member of the police force shall die before retirement, Ms designated beneficiary, or in the absence thereof, his estate, shall have option of collecting in lump- sum the proceeds of the life insurance policy mentioned in the preceding paragraph or his beneficiary may elect to receive the proceeds of the life insurance policy mentioned in the preceding paragraph at the rate of $150.00 per month for a period of 71 months but in no event less than the amount of the monies paid by him into the fund and the existing Borough Police Pension Fund referred to in section 11 of this ordinance.

As Justice Larsen, noted in his opinion as trial judge, the ordinance appears to establish alternative methods of receipt of a death benefit or “options” where, as here, a police officer dies prior to retirement:

(1) [H]is beneficiary or estate may collect the lump sum proceeds of a $2,000 paid-up policy of life insurance, or
[517]*517(2) Ms beneficiary may elect to receive the proceeds of a $2,000 paid-up life insurance policy at the rate of $150 per month for 71 months; namely, $10,650 in total.
The subject paragraph also provides a guarantee that an officer’s beneficiary or estate will, at least, receive the amount of money paid into the Fund by the officer.

The second “option” is ambiguous at best since the proceeds of a $2,000 policy cannot be paid at the rate of $150 per month for 71 months.

Plaintiff asserts that she is entitled to $150 per month for 71 months by virtue of the second “option” and that “the proceeds of the life insurance policy” must refer to the $10,000 policy taken out on the life of her brother in order to fund the “option.”

When an ordinance is doubtful or ambiguous in meaning, it must be construed according to recognized rules of construction, in order to give effect to the legislative intent. See Appeal of Lonzetta, 30 Pa. Commonwealth Ct. 503, 374 A.2d 743 (1977). The legislative intent may be derived from a consideration of such things as the object to be attained and the circumstances under which the ordinance was enacted, the former ordinance, and the consequences of a particular interpretation. See Cloverleaf Trailer Sales Co. v. Pleasant Hills Borough, 366 Pa. 116, 76 A.2d 872 (1950). Applying these principles, we will review the relevant history of Ordinance 642 in an attempt to ascertain the purposes of the amendments effected by Ordinance 734-A.2

Under the pension plan established by Ordinance 642, a police officer’s designated beneficiary or estate [518]*518was granted a death benefit when the police officer died prior to retirement. The initial benefit was “$150 per month for 71 months” and was increased from 71 months to 144 months in 1962. No death benefits were granted if death occurred after retirement. With Ordinance 734-A, the Borough provided, for the first time, a death benefit equal to $2,000 to be granted when death occurs after retirement while retaining the benefit in dispute, that granted when death occurs prior to retirement.3 Also, unlike prior ordinances in which the death benefit was described wholly in terms of a schedule of payments, i.e., $150 per month for 71 months, Ordinance 734-A provided a specific description of the source and amount of the respective death benefits; i.e., the benefit after retirement is a “two-thousand . . . [d] ollar paid-up policy of life insurance,” and the benefit before retirement is “the proceeds of the life insurance policy mentioned in the preceding paragraph.”

Plaintiff argues that “the proceeds of the life insurance policy” which are to fund the benefit in question must refer to a policy in an amount sufficient to pay a benefit of $150 per month for 71 months. However, “the proceeds of the life insurance policy” is specifically qualified by “mentioned in the preceding paragraph” and thereby can only refer to the life insurance policy in the amount of $2,000, the only life insurance policy mentioned in the entire pension plan.

When Ordinance 734-A is read as a whole, the “option” of $150 per month for 71 months is inconsistent with the comprehensive provision of interrelated references to death benefits funded by life insurance policies in the amount of $2,000. It appears the Borough [519]

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Cite This Page — Counsel Stack

Bluebook (online)
391 A.2d 38, 37 Pa. Commw. 513, 1978 Pa. Commw. LEXIS 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alessandro-v-borough-of-braddock-pacommwct-1978.