Estate of McGovern v. Commonwealth, State Employes' Retirement Board

Opinion by

Judge Barry,

This is an appeal from a decision dated March 24, 1982, of the Pennsylvania State Employes’ Retirement Board (Board). On December 17, 1980, Francis J. McGovern, who had been employed by the Delaware Joint Toll Bridge Commission since August 6, 1951, selected his wife, Mrs. Loretta McGovern, as beneficiary of his retirement benefits. He chose a joint survivor annuity and signed the appropriate certification to that effect. Petitioner, Michael McGovern, the son of Francis J. McGovern, contended, before the Board, that his father did not have the requisite mental capacity…