Shea v. Teachers' Retirement System

Nunez, J. (dissenting).

In my view an affirmance herein sets a dangerous precedent and may tend to undermine the stability of pension systems. The pensioner’s estate will now recover the maximum benefit which the pensioner could have selected but did not. And this remarkable result has been accomplished by the claim that defendants-appellants were negligent in failing to give enough information with respect to the options in a pamphlet sent to all members of the system and found among decedent’s possessions on her death. There is no evidence whatever that she relied on the pamphlet nor indeed…