Sedita v. Comptroller of the State

There is no substantial dispute as to the facts. Frank Sedita, a member of the New York State Employees Retirement System, retired on March 12, 1973 and became a beneficiary under the system. The option selected by him provided that if a member dies before he "received retirement allowance payments equal to the present value of his retirement allowance, as it was at the time of his retirement, the balance thereof shall be paid to his estate or to the beneficiary so designated” (Retirement and Social Security Law, §90, subd a). On April 18, 1973 he was appointed to be a member of the Crime…