Lesem

This is an action in declaratory relief to establish the plaintiff’s right to survivorship benefits in the San Diego County Employees’ Retirement Fund. Judgment was given for the defendants and plaintiff appeals.

The plaintiff is the unremarried widow of Dr. Alex M. Lesem, deceased. In his lifetime Dr. Lesem served as County Health Officer for the County of San Diego from 1923 until August 1, 1949. On that date he was compelled to retire, having attained the mandatory retirement age of 70 years. He was a member of the County Employees’ Retirement Sys tem. Under the retirement law as it existed at the time of his retirement, he had the option of selecting one of several types of retirement benefits.

The testimony shows that at the time Dr. Lesem retired, he knew that he had a heart condition and that he had expressed the thought that he expected he would live only about two years. It also shows that his wife was two years younger than he and that she was in very good health at the time. The evidence further shows that prior to his retirement Dr. Lesem’s salary was $764.82 per month. In his selection of pension benefits he wanted a plan which would provide sufficient money for him…