Portee v. State Department of Administration, Division of Retirement

Airee Portee appeals a final order establishing the amount of benefits he is entitled to receive. We reverse.

The hearing officer found, and we agree, that the decedent, Violet Portee, died before her retirement benefits commenced within the meaning of paragraph 121.-091(6)(e), Florida Statutes (1989). Pursuant to subsection 121.091(8), Airee Portee became the beneficiary of the decedent. See also Rarback v. Department of Administration, Division of Retirement, 540 So.2d 198 (Fla.3d DCA 1989).

We believe the better view is that paragraph 121.091(7)(b) must be read consistently with paragraph…