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Lowing v. Public School Employes' Retirement Board

Board's order denying plaintiff's request for death benefits from her ex-husband's retirement account affirmed because, even though the new beneficiary signed her name as one of the two witnesses on the change of beneficiary form in violation of the instructions on the form, there was nothing in the Retirement Code or its implementing regulations concerning the witnessing of beneficiary forms, and strict compliance with the instructions on the form was not required.

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Argued: May 15, 2000

Carole Lowing (Petitioner) petitions for review of an order of the Public School Employes’ Retirement Board (Board) which denied her request to be paid the death benefit from the account of her deceased ex-husband Robert D. Lowing (Decedent).

The relevant facts of this case are not in dispute. Decedent was employed by the Bensalem Township School District from November 1975 until his death on October 23, 1998. On March 2, 1976, Decedent designated Petitioner, his wife at the time, as the beneficiary of his retirement account. In 1992, Decedent and Petitioner divorced and, on September 4, 1992, Decedent filed a second nomination of beneficiaries form naming Cherie A. Wilson (Intervenor) as the beneficiary of his retirement account. The 1992 beneficiary form was witnessed by the school district secretary, Alma G. Dallas, and Intervenor, the new named beneficiary.

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