Powell v. Board of Trustees of Teachers' & State Employees' Retirement System

It was stipulated that, at the time of filing her application, Ruth P. Powell’s medical condition was such that she was fully entitled to disability retirement benefits under G.S. 135-5 (c) provided she complied with the applicable statutes; therefore the question posed by the parties is whether her election of Option two under G.S. 135-5 (g) was valid and enforceable in view of her death prior to 1 October 1966, her selected date of retirement.

On the date of filing her application for retirement G.S. 135-5 (g) provided as follows:

“ (g) Election of Optional Allowance. — With the provision…