Stanley v. Retirement & Health Benefits Division

BRASWELL, Judge.

Shortly after the death on 9 October 1974 of his wife, a teacher and member of the Teachers’ and State Employees’ Retirement System of North Carolina, petitioner filed a claim for death benefits under G.S. 135-5(1). He was eventually determined to be entitled to the death benefit by this Court. See, Stanley v. Retire ment and Health Benefits Division, 55 N.C. App. 588, 286 S.E. 2d 643, disc. rev. denied, 305 N.C. 587, 292 S.E. 2d 571 (1982). Respondent thereupon paid the principal amount of the death benefit to petitioner. On 13 July 1982, petitioner moved for “entry of the…