Stanley v. Retirement & Health Benefits Division, Dept. of State Treasurer

MARTIN (Harry C.), Judge.

We are concerned here with a comprehensive statutory scheme encompassing retirement, disability, and death benefits for state employees. Petitioner challenges the constitutionality of this scheme on equal protection grounds. The death benefit provision reads in pertinent part as follows:(1) Death Benefit. — Upon receipt of proof, satisfactory to the Board of Trustees, of the death, in service, of a member who had completed at least one full calendar year of membership in the System, there shall be paid to such person ... if such person is living at the time of the…