Frazier

This case involves a dispute between a surviving spouse, respondent Mary Weyand, and a designated beneficiary, appellant Dorothy Frazier, as to who is entitled to the death benefits payable under the Tulare County Employees’ Retirement System as a result of the death of Deputy Sheriff Clarence Weyand.

In 1930, Clarence married Mary; thereafter, they separated. In 1948, Clarence began living with Dorothy. In 1950, Clarence was employed as a deputy sheriff of Tulare County and became a member of the County Employees’ Retirement System. He designated Dorothy as the beneficiary in the enrollment questionnaire describing her as his “wife.” Clarence lived with Dorothy until 1962.

Clarence died in 1971 while in service as a deputy sheriff and as a result of a heart disease which was determined to have arisen out of and in the course of his employment. At the time of his death he was still married to Mary, and Dorothy remained as his designated beneficiary for retirement and death benefits.

In 1950, when Clarence designated Dorothy as his beneficiary, Government Code section 31780 provided that upon the death before retirement while in service of a member of a county…