Frietzsche v. First Western Bank and Trust Co.

Plaintiff appeals from a judgment entered on an order sustaining demurrer to her complaint without leave to amend.

Question Presented

Is plaintiff widow entitled to a pension under defendant’s pension plan? In substance, this question depends upon whether the plan is for retirement benefits or death benefits.

Facts

Plaintiff’s deceased husband, Albert, was employed by defendant from 1918 until his death July 15, 1955. He was then 54 years and 6 months of age, and a vice president. Defendant’s pension plan was then in effect. Albert designated plaintiff as a beneficiary under section 6(d) of the…