Cox

Cox v. Board of Retirement

Good Law
103 Cal. Rptr. 445·1972 Cal. App. LEXIS 834·27 Cal. App. 3d 135
Court of Appeal of CaliforniaAugust 10, 1972Civ. No. 11187California2,658 words

Opinion

Lead Opinion

Whelan, J.

*137 Opinion

Babe M. Cox, as administrator of the estate of Allen J. Cox, deceased, and as administrator of the estate of Roma Cox, deceased, has appealed from a judgment of dismissal following the sustaining of a demurrer to his amended complaint without leave to amend.

One of the defendants was the Board of Retirement of the Imperial County Employees Retirement Association (Association).

Plaintiff’s decedent Allen J. Cox (Cox), who died October 1, 1968, was a member of Association. Roma Cox, who died October 15, 1968, was the widow of Cox.

Cox was born July 6, 1906. His widow was born June 17, 1909. Cox entered the service of the County of Imperial in November 1946. On June 14, 1968 he completed and signed a form of application for retirement effective August 1, 1968 in which he nominated his wife as beneficiary.

At the same time he signed an election as to the manner of payment of the retirement benefits, under which he would receive the maximum payment during his lifetime, with 60 percent of the same amount to be paid thereafter to his wife for her lifetime. (Gov. Code, § 31760.1.) The monthly amount to be paid to Cox was $271.24.

At the time Cox applied for retirement,…

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