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DI DIO v. MIL. P. S. TEACHERS' RET. FUND

38 Wis.2d 261 (1968)

DI DIO, Administrator, Appellant, v. BOARD OF TRUSTEES OF THE MILWAUKEE PUBLIC SCHOOL TEACHERS' ANNUITY & RETIREMENT FUND and another, Respondents.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, & Harding & Harland, attorneys, and Robert V. Abendroth of counsel, all of Milwaukee, and oral argument by Mr. Abendroth.

For the respondents there was a brief by John J. Fleming, Milwaukee city attorney, Harry G. Slater, deputy city attorney, and Gerald V. Kortsch, assistant city attorney, for the Board of Trustees of the Milwaukee Public School Teachers' Annuity & Retirement Fund, and by Murphy, Shapiro & Gorsky and Donald E. Murphy, all of Milwaukee, for Mrs. Clara Freidel Long, and oral argument by Donald E. Murphy.

ROBERT W. HANSEN, J.

In this case, as in many others, when you define precisely the question asked, you suggest the answer to be given.

Appellant sees the issue presented as: Whether a 1955 beneficiary designation by decedent under the then existing annuity and retirement system is an effective disposition of death benefits under an entirely new and distinct retirement system, enacted in 1957.

Appellant contends that the legislature did not establish...

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