MATTER OF ALLAWAY v. REGAN


133 A.D.2d 962 (1987)

In the Matter of Edna F. Allaway, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 22, 1987


Casey, J.

On June 1, 1983, petitioner's husband (hereinafter decedent) retired after 32 years of service as a State employee, electing retirement "option 1/2". In the retirement option election form, this option was described as follows: "This reduced lifetime allowance pays $2,963 per month. If you die before receiving annuity payments equal to $5,887 the remainder will be paid to your beneficiary. If your beneficiary dies first, we will pay your estate...

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