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McGOVERN'S ESTATE v. ST. EMP. RET. BD.

512 Pa. 377 (1986)

517 A.2d 523

ESTATE OF Francis J. McGOVERN, Appellee, v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT BOARD, Appellant.

Supreme Court of Pennsylvania.

Decided November 5, 1986.

Attorney(s) appearing for the Case

Nicholas J. Marcucci, Herbert C. Goldstein, State Employees' Retirement Bd., John P. Krill, Office of Gen. Counsel, Harrisburg, for appellant.

Richard P. Hunter, Jr., Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

On January 9, 1981, Francis J. McGovern retired after thirty years of service with the Delaware Joint Toll Bridge Commission. In December of 1980, just prior to his retirement, Mr. McGovern executed and filed a retirement application in which he selected two of several options for payout under the retirement plan offered by his employer. Under the options selected by Mr. McGovern...

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