Adams Estate
Adams Estate
Opinion of the Court
Opinion by
The question presented by this appeal is whether a wife who was named by her husband as beneficiary of the balance in a retirement fund both by name and relationship continues to be the beneficiary after divorce, her husband not having exercised his right prior to his death to change the beneficiary designation.
John H. Adams, the decedent, was an employee of Allegheny County and as such a participant in the Allegheny County Employees’ Retirement System.
It seems clear to us that the disposition of contributions which have been paid into the retirement fund by an employee whose employment ends before he is eligible for retirement benefits is governed by the quoted section of the Code, supra, and that this in turn is part and parcel of the employee’s terms of employment with his employer, the County. The statute recognizes the obligation of the system to return the contributions to the employee if his employment ceases prior to retirement, or to his designee if the employment status is terminated by death. That the undertaking of the County is of statutory origin does not make it any the less a contractual obligation. See Geary v. Allegheny County Retirement Board, 428 Pa. 254, 257, 231 A. 2d 743 (1967) ; Eisenberger v. Harrisburg Police Commission, 400 Pa. 418, 162 A. 2d 347 (1960); Harvey v. Allegheny County Retirement Board, 392 Pa. 421, 141 A. 2d 197 (1958).
Precedents abound involving other contractual obligations such as inter vivos trusts, insurance policies and employee benefit plans which support the claim of one who, like appellant, was not decedent’s wife at the time he died. See Brown v. Ancient Order of United Workmen, 208 Pa. 101, 57 Atl. 176 (1904) ; Garland v. Craven, 156 Pa. Superior Ct. 351, 41 A. 2d 140 (1944);
In reaching the opposite result the learned court below relied upon Section 55(3) of the Divorce Act, Act of May 2, 1929, P. L. 1237, §55, as amended, 23 P.S. §55(3) and Section 7(2) of the Wills Act of 1947, supra, 20 P.S. §180.7(2) as persuasive, if not directly controlling. The former provides that a divorce decree terminates “all and any property rights which are dependent upon such marital relation, save those which are vested rights . . . .” (Emphasis added.) This provision is of no help in deciding the case at hand, for whether or not appellant’s right is “dependent upon such marital relation” is precisely the question for decision. See Brown v. Ancient Order of United Workmen, supra, 208 Pa. 101, 105; Thomas v. Robinson, 162 Pa, Superior Ct. 454, 58 A. 2d 200 (1948).
The court below looked to what it termed “basic equities” in deciding against the divorced wife, adopting the rationale in Fitzgibbon v. Walcutt, 126 Ohio St. 450, 185 N.E. 837 (1933). We find this approach inappropriate in this case and, with respect, the Fitzgibbon opinion unconvincing. We know nothing whatever about the decedent, his former wife and his mother other than that which has been recited herein. Divorce does not in all cases and automatically spell the end of interest in or even concern for one former spouse
Decree reversed; costs on the estate.
Act of July 28, 1953, P. L. 723, Art. XVII, §1701 et seq., as amended, 16 P.S. 4701.
To the Retirement Board of Allegheny County :
Please be advised that I order and direct that, in the event of my death, any funds standing to my credit in the Allegheny County Employees’ Retirement Fund shall be paid to the following:
Patricia Ann Adams Wife
Name of Beneficiary Relationship
12-15, 1966
Date
s/ John H. Adams
Patricia Adams was the plaintiff in the divorce action. The decree was entered September 27, 1967, and appellant then resumed Iter maiden name of Kennedy.
Following decedent’s death, his mother, Margaret Adams, was appointed administratrix of his estate. She then requested that the Retirement Board pay her the balance to her son’s credit in the Fund. The Board refused, and the administratrix then sued the Board in assumpsit in the Civil Division of the Court of Common Pleas of Allegheny County. Appellant was interpleaded by the Board as party plaintiff and also filed a claim. Preliminary objections to appellant’s claim were filed, averring that the designation was testamentary in character and therefore the matter was within the exclusive jurisdiction of the Orphans’ Court Division. These objections were overruled by a court en banc. Thereafter appellant filed a motion for summary judgment. When reviewing this
The inclusion of employee benefit plans in this section was made by the Act of November 27, 1970, P. L. 776, §1. The section as amended applies to designation of beneficiaries of benefits under employee benefit plans made prior to or subsequent to January 1, 1970 by persons who die on or after said date. It is expressly stipulated that the provisions relative to such designations shall not be deemed to create any implication of invalidity of any such designation made by any person who dies before said date.
Dissenting Opinion
Dissenting Opinion by
Although the majority opinion accurately summarizes the facts and precisely recites the narrow issue presented by this appeal, I am unable to agree with the conclusion of a majority of my colleagues.
Initially, I must note my disagreement with the majority that Section 55(3) of The Divorce Law, Act of May 2,1929, P. L. 1237, §55, as amended, 23 P.S. §55(3) (Supp. 1971), “is of no help in deciding the case at hand. . . .” In addition to stating that all property rights dependent upon a marital relationship are terminated by a divorce decree, Section 55(3) of The Divorce Law further provides that, “[a] 11 duties, rights and claims accruing to either of said parties at any time heretofore in pursuance of said marriage, shall cease and determine . . . .” Although a spouse’s right or claim to retirement funds under the Act of July 28, 1953, P. L. 723, §1701 et seq., as amended, 16 P.S. §4701 et seq. (Supp 1971), does not automatically accrue “in pursuance of said marriage” since the employee must designate “such person or persons ... as his or her beneficiary,” Act of July 28, 1953, P. L. 723, §1714,
If decedent was so interested in appellant’s well-being after the divorce, and that is the assumption implicit in the majority opinion, why did decedent wait until after the marriage to designate appellant? It seems most logical to me that just as decedent’s concern for appellant’s well-being did not arise until after the marriage, his concern lapsed after the divorce. Indeed, decedent was married to appellant for less than four months when appellant filed for divorce. While I do not profess to be an expert on human affairs, I do not believe decedent intended to benefit appellant. Moreover, this result is in accord with the public policy of this Commonwealth as evidenced by Section 55(3) of The Divorce Law and Section 7(2) of the Wills Act of 1947, Act of April 24, 1947, P. L. 89, §7(2), as amended, 20 P.S. §180.7(2) (Supp. 1971).
As the majority expressly recognizes, if the term “wife” were used alone, unaccompanied by the name of a person, appellant would not be entitled to this fund. Erny Trust, 415 Pa. 8, 202 A. 2d 30 (1964). Similarly, the majority opinion implicitly acknowledges that a contrary result would occur if this transfer of retirement benefits were deemed testamentary. In light of Section 55(3) of The Divorce Law, the public policy of this Commonwealth and the facts of this case, I believe that appellant is not entitled to this fund.
I dissent.
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