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EMP. RETIREMENT SYSTEM OF ALA. v. HEAD

77-604.

369 So.2d 1227 (1979)

EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, etc., et al. v. Lottie M. HEAD.

Supreme Court of Alabama.

April 20, 1979.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., John N. Pappanastos, Sp. Asst. Atty. Gen., Montgomery, for appellants.

Joseph T. Carpenter, Montgomery, for appellee.

EMBRY, Justice.

This appeal by the Employees' Retirement System of Alabama, the members of its Board of Control, and its Board of Control, is from a judgment of the Circuit Court of Montgomery County holding that an optional retirement allowance elected by a member of the System was not abrogated by the death of the member prior to the effective date of his retirement.

We hold that the elected option was abrogated and therefore reverse.

Walter C. Head...

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