Legal Opinion

Eaves v. Division of Retirement

District Court of Appeal of Florida

Decided November 19, 1997No. 96-4886Published

1Opinion of the Court

BENTON, Judge.

Pamela Eaves appeals a final order entered by the Division of Retirement (the Division) denying her claim for Florida Retirement System benefits on account of the death of Billy J. Eaves, which left her a widow. We reverse.

As the Division concedes, the surviving spouse of a vested retirement system member is entitled to certain death benefits, where the member never attempted to name a beneficiary. We find no basis for denying the same benefits to the surviving spouse of such a member where an attempt to direct payment to others has proven wholly ineffective.

An employee of the…

2Cases cited6 opinions

  1. Austin v. AustinDistrict Court of Appeal of Florida · 1977
  2. Rogers v. RogersDistrict Court of Appeal of Florida · 1963
  3. Williams v. ChristianDistrict Court of Appeal of Florida · 1976
  4. Arnow v. WilliamsDistrict Court of Appeal of Florida · 1977
  5. Ireland v. ThomasDistrict Court of Appeal of Florida · 1975

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