Estate of Rosenstein ex rel. Rosenstein v. Public School Employees' Retirement System

MIRARCHI, Jr., Senior Judge.

The estate of Harry Rosenstein (decedent), by his son Mark S. Rosenstein (Claimant), appeals from an order of the Public School Employes’ Retirement Board (Board) denying Claimant’s request to receive retirement benefits as a substitute survivor annuitant under Section 85070) of the Public School Employees’ Retirement Code (Code), as amended, 24 Pa.C.S. § 85070).

The decedent was employed by the Philadelphia School District for twenty-nine years and was a member of the Public School Employes’ Retirement System (System). In September 1971, the decedent retired and…