STATE EX REL. SOLOMON v. POLICE & FIREMENS'S DISABILITY & PENSION FUND BD. OF TRUSTEES

No. 94-2217.

72 Ohio St.3d 62 (1995)

THE STATE EX REL. SOLOMON, APPELLANT, v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND, APPELLEE.

Supreme Court of Ohio.

Decided April 19, 1995.


Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, Marc J. Jaffy and Sue Fauber, for appellant.

Betty D. Montgomery, Attorney General, and Daniel A. Malkoff, Assistant Attorney General, for appellee.


Per Curiam.

Mrs. Solomon asserts in her first proposition of law that when a retiree reselects a joint and survivor annuity plan and the election is filed with the board, the reselection is not voided by the death of the retiree before payments under the new plan commence, and the surviving spouse is entitled to receive benefits. In order to be entitled to a writ of mandamus, Mrs. Solomon must establish (1) that she has a clear legal right to accumulated and...

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