State Ex Rel. Shisler v. Ohio Public Employees Retirement System

2009 Ohio 2522, 909 N.E.2d 610, 122 Ohio St. 3d 148
CourtOhio Supreme Court
DecidedJune 4, 2009
Docket2008-2102
StatusPublished
Cited by27 cases

This text of 2009 Ohio 2522 (State Ex Rel. Shisler v. Ohio Public Employees Retirement System) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Shisler v. Ohio Public Employees Retirement System, 2009 Ohio 2522, 909 N.E.2d 610, 122 Ohio St. 3d 148 (Ohio 2009).

Opinions

Per Curiam.

{¶ 1} This is an appeal from a judgment denying a writ of mandamus to compel appellee, Ohio Public Employees Retirement System (“PERS”), to accept the election of a pension-payment plan executed by a PERS retiree and directing PERS to provide the retiree’s surviving spouse with a monthly benefit based on a joint-survivorship annuity in accordance with the election. Because PERS did not abuse its discretion in denying the surviving spouse’s request for the jointsurvivorship annuity when the retiree died before his election became effective, we affirm the judgment of the court of appeals.

Retirement, Initial Plan Election, and First Change

2} In 1998, Robert N. McLaughlin, a PERS member, applied for retirement with PERS. McLaughlin elected to receive his pension benefits under Plan D, which provided a joint-survivorship annuity paying him for life and thereafter paying his surviving spouse. McLaughlin designated his wife at that time as his beneficiary for any survivorship benefits due under the plan.

{¶ 3} Five years later, in 2003, McLaughlin divorced his wife and elected to have his pension-payment plan changed to Plan B, which provides a single-life annuity to the retiree with no monthly payments to any surviving spouse. McLaughlin signed a form acknowledging the effect of his election:

{¶ 4} “As provided by Section 145.46, Ohio Revised Code, I authorize the Public Employees Retirement Board to recompute my retirement allowance based on Plan B (single life annuity) and I reserve the right to make later changes as provided by Section 145.46, Ohio Revised Code.

{¶ 5} “I understand that the single life annuity is to be paid throughout my life only and terminates at my death with no further payment. If the total allowance received during my lifetime does not equal the total of my payments to the Retirement System, the remaining balance will be paid to my qualified beneficiary.”

Remarriage and Attempted Plan Change

{¶ 6} In March 2006, McLaughlin married appellant, Donna J. Shisler. The following month, McLaughlin designated Shisler as his PERS beneficiary, but he did not at that time change his pension-payment plan. He continued to be paid a monthly benefit based on a single-life annuity under Plan B.

[150]*150{¶ 7} In December 2006, McLaughlin requested and was mailed an application to change his payment plan. A few weeks later, a PERS employee discussed the application with him. McLaughlin completed the application in late January 2007, but he incorrectly elected all of the listed payment plans (Plans A, C, and D) instead of following the instructions and choosing only one of the specified plans. PERS returned the form to him with instructions that he was required to choose one payment plan. McLaughlin later telephoned PERS to notify it that he had not received an estimate of his monthly benefits under the different plans, and PERS then mailed him an estimate.

{¶ 8} McLaughlin completed and signed the application to change his pension-payment plan from Plan B, the single-life annuity, to Plan D, a joint-survivorship annuity with Shisler as the beneficiary, on February 25, 2007, and mailed it to PERS on March 1, 2007. The next day, McLaughlin died. PERS received McLaughlin’s request to change his pension plan on March 5, 2007. PERS refused Shisler’s request for survivor benefits under the decedent’s attempted change of the pension-payment plan.

Mandamus Case

{¶ 9} Shisler filed a complaint in the Court of Appeals for Franklin County for a writ of mandamus to compel PERS to accept the election executed by McLaughlin and to pay her the monthly survivor benefit in accordance with that election. PERS submitted an answer, and the parties filed evidence and briefs.

{¶ 10} The court of appeals denied the writ. This cause is now before us upon Shisler’s appeal as of right.

Mandamus to Remedy Abuse of Discretion by PERS

{¶ 11} “[Mjandamus is an appropriate remedy where no statutory right of appeal is available to correct an abuse of discretion by an administrative body.” State ex rel. Pipoly v. State Teachers Retirement Sys., 95 Ohio St.3d 327, 2002-Ohio-2219, 767 N.E.2d 719, ¶ 14. Because there is no statutory appeal from PERS’s determination that Shisler is not entitled to a joint-survivorship annuity, mandamus is an appropriate remedy. See, e.g., State ex rel. Davis v. Pub. Emps. Retirement Bd., 120 Ohio St.3d 386, 2008-Ohio-6254, 899 N.E.2d 975, ¶ 24. “An abuse of discretion exists when a decision is unreasonable, arbitrary, or unconscionable.” State ex rel. Schaengold v. Pub. Emps. Retirement Sys., 114 Ohio St.3d 147, 2007-Ohio-3760, 870 N.E.2d 719, ¶ 8.

Pertinent Statutes

{¶ 12} Shisler asserts that PERS abused its discretion in denying her survivor-ship benefits. She claims that under R.C. 145.46, a properly executed PERS [151]*151member’s request for a change in a pension plan is effective on the date it is received, notwithstanding the member’s prior death.

{¶ 13} R.C. 145.46 provides:

{¶ 14} “(E)(1) Following a marriage or remarriage * * *:

{¶ 15} “(a) A retirant who is receiving the retirant’s retirement allowance under ‘plan B’ may elect a new plan of payment under division (B)(1), (3)(b), or (3)(c) of this section based on the actuarial equivalent of the retirant’s single lifetime benefit as determined by the board.

{¶ 16} “ * * *

{¶ 17} “(2) * * * The plan elected under this division shall become effective on the date of receipt by the board of an application on a form approved by the board, but any change in the amount of the retirement allowance shall commence on the first day of the month following the effective date of the plan.” (Emphasis added.)

{¶ 18} In analyzing this statute, we determine the legislative intent by reading words and phrases in context and construing them in accordance with rules of grammar and common usage. State ex rel. Hulls v. State Teachers Retirement Bd. of Ohio, 113 Ohio St.3d 438, 2007-Ohio-2337, 866 N.E.2d 483, ¶ 32; State ex rel. Turner v. Eberlin, 117 Ohio St.3d 381, 2008-Ohio-1117, 884 N.E.2d 39, ¶ 14.

{¶ 19} R.C. 145.46(E)(2) expressly provides that an election to change a retiree’s pension-payment plan after remarriage is not effective until it is received by the PERS board.

{¶ 20} Although Shisler correctly observes that this provision does not specify that an election to change a pension-payment plan is invalidated if the retiree dies before the election is received by the PERS board, R.C. 145.46 and related statutes establish this. Under the in pari materia canon of construction, “we read all statutes relating to the same general subject matter together and interpret them in a reasonable manner that ‘give[s] proper force and effect to each and all of the statutes.’ ” Cheap Escape Co., Inc. v. Haddox, L.L.C., 120 Ohio St.3d 493, 2008-Ohio-6323, 900 N.E.2d 601, ¶ 13, quoting State ex rel. Herman v. Klopfleisch (1995), 72 Ohio St.3d 581, 585,

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 2522, 909 N.E.2d 610, 122 Ohio St. 3d 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-shisler-v-ohio-public-employees-retirement-system-ohio-2009.