EMP. RETIREMENT SYSTEM OF ALA. v. Head

This appeal by the Employees' Retirement System of Alabama, the members of its Board of Control, and its Board of Control, is from a judgment of the Circuit Court of Montgomery County holding that an optional retirement allowance elected by a member of the System was not abrogated by the death of the member prior to the effective date of his retirement.

We hold that the elected option was abrogated and therefore reverse.

Walter C. Head, Jr., an employee of the State of Alabama became eligible to retire and to this end, on 15 June 1976, applied for retirement effective 1 August 1976. On 30 June…