Coleman Appeal

33 Pa. D. & C.2d 191, 1963 Pa. Dist. & Cnty. Dec. LEXIS 175
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedDecember 16, 1963
DocketCommonwealth dkt. 1962, no. 10
StatusPublished
Cited by1 cases

This text of 33 Pa. D. & C.2d 191 (Coleman Appeal) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman Appeal, 33 Pa. D. & C.2d 191, 1963 Pa. Dist. & Cnty. Dec. LEXIS 175 (Pa. Super. Ct. 1963).

Opinion

Shelley, J.,

This is an appeal from the adjudication of the Public School Employes’ Retirement Board of the Commonwealth of Pennsylvania (hereinafter referred to as the board), by which adjudication the board refused to honor the nomination of Mabel S. Coleman, appellant (hereinafter referred to as the complainant), as the person to receive the accumulated deductions of Catherine R. Coleman (hereinafter referred to as the contributor), who died before she was eligible for retirement.

[192]*192The appeal is provided for by the Administrative Agency Law of June 4, 1945, P. L. 1388, 71 PS §1710.1, et seq., as amended, and Pennsylvania Rules of Civil Procedure Numbers 1 through 13.

Virginia B. Darnell (hereinafter referred to as the intervenor), pursuant to consent of complainant and the board, was allowed to intervene.

The contributor was for some years a teacher in the Pennsylvania public school system. She died on February 7, 1961. At the time of her death she had accumulated deductions in the Public School Employes’ Retirement Fund of Pennsylvania in the amount of $3,369.78.

On November 12,1945, contributor executed a designation of beneficiary form in which she named the intervenor as beneficiary of'this fund. This form was signed by contributor in the presence of two witnesses and has been on file with the board since November 14, 1945. There is no claim that this form was defective.

On July 9, 1957, contributor signed a similar form for a change of her beneficiary. On this form complainant was named as the number 1 beneficiary. There were no witnesses to the contributor’s signature on this designation of beneficiary form, although spaces and directions were provided therefor, and it was never filed by contributor with the board. This change ■ of beneficiary form was found among contributor’s effects, after her death.

Article IV, sec. 406 (3), of the Public School Employes’ Retirement Code of June 1, 1959, P. L. 350, as amended, 24 PS §3406(3), provides:

“Should a contributor who is not eligible for retirement ... die before retirement, his accumulated deductions shall be paid to his estate or to such person as he shall have nominated by written designation duly executed and filed with the retirment board.”

[193]*193The question before the board was whether it should recognize the designation of beneficiary form dated November 12,1945, wherein the intervenor was named as beneficiary, or the designation of beneficiary form dated July 9, 1957, wherein complainant was named as beneficiary number 1 and Dorothy Sheaffer as beneficiary number 2.

At the hearing the board offered in evidence three exhibits. Exhibit number 1 was a designation of beneficiary form dated November 12, 1945, wherein Virginia B. Darnell was the beneficiary; exhibit number 2 was a photostat of designation of beneficiary form dated July 9, 1957, wherein complainant was named number 1 beneficiary and Dorothy Sheaffer was number 2 beneficiary; and exhibit number 3 was a letter dated July 9, 1957, from the contributor to the board wherein she made some inquiry as to her status with the board.

Complainant and one other witness, the aforesaid Dorothy Sheaffer, testified on behalf of complainant.

Complaint offered five exhibits. Exhibit number 1 was a photostat of a copy of the original of a letter dated July. 19, 1957, from the board to the contributor answering the inquiry contained in her letter to the board of July 9, 1957, referred to above as board’s exhibit number 3; exhibit number 2 was a photograph showing a rather littered and disorganized room; exhibit number 3 was another view of the same room; exhibit number 4 was a photograph of a vacant room containing cupboards and counter tops; and exhibit number 5 was the original of the designation of beneficiary dated July 9,1957, wherein complainant was the first beneficiary and Dorothy Sheaffer the second.1

[194]*194Complainant testified that she was the mother of contributor and generally as to the history of contributor’s employment prior to her death. She also testified as to contributor’s apparent cause of death. She said that her husband, father of contributor, was in good health at the time the intervenor was designated as beneficiary by contributor, but that he became ill in 1955, and had to retire, thus causing his income to be reduced. She further testified that while at contributor’s bedside, a supervising principal told her that she would be receiving, the contributor’s retirement.2

Dorothy Sheaffer testified that she has shared living quarters with contributor continuously from 1955 to the date of contributor’s death. She identified complainant’s exhibit number 1 referred to above. She also testified that contributor had discussed with her the mother’s financial situation and the financial security of the intervenor and that contributor “wanted to change the beneficiary on her retirement to her mother.” She also said she was present when contributor filled out complainant’s exhibit number 5, at which time there was a discussion to the effect that she, Dorothy Sheaffer could not become a witness on the exhibit because she was named therein as “beneficiary number 2.”

She testified further that at the time of contributor’s death she found complainant’s exhibit number 5 among contributor’s effects in a folder marked “things to do.” She likewise identified contributor’s signature on complainant’s exhibit number 5.

After reviewing the testimony presented, the board made the following conclusions of law:

[195]*195“1. Section 406(3) of the School Employes’ Retirement Code of 1959 specifically requires that the accumulated deductions of a member shall be paid ‘to such person as he shall have nominated by written designation, duly executed and filed with the retirement board’.
“2. In the instant case, Designation of Beneficiary form dated July 9, 1957 found among the decedent’s effects subsequent to her death was never duly executed because it was never acknowledged before two witnesss, nor was it filed with the Retirement Board, as required by the Code.”

To these conclusions complainant filed exceptions based on the following reasons:

“1. By failing to find that the beneficiary form dated July 9, 1957, found among the decedent’s effects was a duly executed document clearly evidencing the intent of the decedent and which would satisfy the requirements of section 406(3) of the School Employes’ Retirement Code of 1959.
“2. By failing to find that Mabel S. Coleman was the properly designated beneficiary of the decedent.”

Complainant contends that if there are any defects in complainant’s exhibit number 5, it is one of mechanics and not one of substance.

There appears to be no case law interpreting section 406(3) of the Act of 1959, supra, so that the matter becomes one of first impression as to: When did the legislature intend that the “written designation” of the person nominated by a contributor to the Public School Employes’ Retirement Fund to receive contributor’s accumulated deductions in the event contributor would die before he would be eligible for retirement under section 406(3) of the Act of 1959. supra, was to be filed with the board.

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Related

Hess v. Commonwealth, Public School Employes' Retirement Board
460 A.2d 1231 (Commonwealth Court of Pennsylvania, 1983)

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Bluebook (online)
33 Pa. D. & C.2d 191, 1963 Pa. Dist. & Cnty. Dec. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-appeal-pactcompldauphi-1963.