MYERS v. STATE EMP. RET. BD.

No. 3377 C.D. 1983.

86 Pa.Commw. 552 (1984)

Catherine M. Myers, Individually and as Executrix of the Estate of Thomas W. Myers, Petitioner v. Commonwealth of Pennsylvania, State Employes' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

December 28, 1984.


Attorney(s) appearing for the Case

Christopher Conners, with him, Glen R. Grell, Shearer, Mette & Woodside, for petitioner.

Nicholas Joseph Marcucci, Assistant Counsel, for respondent.

Argued September 12, 1984, before Judges ROGERS, BARRY and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARRY, December 28, 1984:

This appeal results from an order of the State Employes' Retirement Board (Board) which denied a request by petitioner, Catherine M. Myers, to alter the retirement contract between the Board and Thomas W. Myers, deceased, thereby entitling petitioner to receive monthly retirement benefits as a survivor annuitant.

Mr. Myers retired from state service in 1978. At that time, he signed a contract with the Board electing...

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