State Ex Rel. Shisler v. Ohio Public Employees Retirement System

{1Í 32} PERS abused its discretion by denying the surviving spouse’s request for the joint-survivorship annuity. I believe that the surviving spouse, Donna Shisler, is entitled to the requested extraordinary relief, and, therefore, I dissent from the majority opinion.

*154{¶ 33} As the majority concedes, the pertinent statutory provision, R.C. 145.46, “does not specify that an election to change a pension-payment plan is invalidated if the retiree dies before the election is received by the PERS board.” Majority opinion at ¶ 20. Accordingly, nothing in the statute necessitates the invalidation of…