Fatemi

Fatemi v. Los Angeles County Employees Retirement Ass'n

Good Law
1994 Cal. App. LEXIS 65·21 Cal. App. 4th 1797·27 Cal. Rptr. 2d 105·94 Daily Journal DAR 1100·94 Cal. Daily Op. Serv. 712
Court of Appeal of CaliforniaJanuary 27, 1994B077332California1,028 words

Opinion

Opinion

Johnson, J.

This case involves a dispute between the designated beneficiary of a deceased county employee and the county retirement board over entitlement to death benefits payable under Government Code section 31780 et seq. The trial court ruled against the designated beneficiary. We affirm.

Facts and Proceedings Below

The facts are undisputed. Dr. Abdol Fatemi died while an employee of Los Angeles County from causes unrelated to his employment. Dr. Fatemi left a surviving spouse, Simin, and an adult daughter from a previous marriage, Shireen. The daughter, Shireen, was the designated beneficiary of death benefits under Dr. Fatemi’s county retirement plan. The plan is administered by the Los Angeles County Employees Retirement Association (the County).

Following Dr. Fatemi’s death, the County gave the surviving spouse, Simin Fatemi, the option to select death benefits in the form of a lump-sum payment, a lifetime annuity or a combined cash payment and reduced lifetime annuity. She chose the latter option.

The surviving daughter, Shireen Fatemi, also filed a claim for Dr. Fate-mi’s death benefits as the sole designated beneficiary under his retirement account. The County denied…

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