Gallaher v. State Teachers' Retirement System

This is an appeal by plaintiff and cross-defendant Wilma Gallaher from a judgment granting cross-defendant and cross-complainant Elsie Gallaher a peremptory writ of mandate with respect to certain death benefits under the State Teachers’ Retirement System.

The material facts are without dispute. Harold Gallaher became a member of the State Teachers’ Retirement System in October 1950, and remained a member until his death on December 26, 1962. In a membership statement executed on October 3, 1950, Harold designated Wilma, who was then his wife, as beneficiary.

During the year 1959, Harold and…