Employees' Retirement System of Alabama v. Head
Decision Date | 20 April 1979 |
Citation | 369 So.2d 1227 |
Parties | EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, etc., et al. v. Lottie M. HEAD. 77-604. |
Court | Alabama Supreme Court |
William J. Baxley, Atty. Gen., John N. Pappanastos, Sp. Asst. Atty. Gen., Montgomery, for appellants.
Joseph T. Carpenter, Montgomery, for appellee.
This appeal by the Employees' Retirement System of Alabama, the members of its Board of Control, and its Board of Control, is from a judgment of the Circuit Court of Montgomery County holding that an optional retirement allowance elected by a member of the System was not abrogated by the death of the member prior to the effective date of his retirement.
We hold that the elected option was abrogated and therefore reverse.
Walter C. Head, Jr., an employee of the State of Alabama became eligible to retire and to this end, on 15 June 1976, applied for retirement effective 1 August 1976. On 30 June 1976 he elected to receive his retirement allowance under Code 1975, § 36-27-16(d)(2):
He nominated his wife, Lottie M. Head, as the recipient of the reduced allowance provided by (d)(2), Option 2 above.
On 19 July 1976, thirteen days before his effective date of retirement, Head died. Section 36-27-16(c)(2) of the Code of 1975 provides:
"(2) In the case of the death of a member eligible for service retirement pursuant to subsection (a) of this section, an allowance shall be paid to the surviving spouse in an amount that would have been payable if the member had retired immediately prior to his death and had elected option 3, as set forth in subsection (d) of this section;"
On the basis of this section, the system initiated payment to Mrs. Head under the provisions of Code 1975, § 36-27-16(d)(3), Option 3 which provides:
The sum payable to her under the latter provision is substantially less than that payable under (d)(2) Option 2. She demanded payment under Option 2. The System refused her demand. She filed this action, which was tried to the court without a jury, resulting in judgment reading in part as follows:
The issue is whether the trial court erred to reversal in holding that Lottie M. Head is entitled to benefits under Option 2 of § 36-27-16(d).
The decision in this case turns on the correct interpretation of § 36-27-16(d). When this court is called upon to interpret a statute, the underlying consideration, always, is to ascertain and effectuate the intent of the legislature as expressed in the statute. Bagley v. City of Mobile, 352 So.2d 1115 (Ala.1977); Tillman v. Sibble, 341 So.2d 686 (Ala.1977). When the language of a statute is clear and unambiguous, there is no room for construction and a clearly expressed intent must be given effect. Boswell v. South Central Bell Telephone Co., 293 Ala. 189, 301 So.2d 65 (1974); Alabama Industrial Bank v. State ex rel. Avinger, 286 Ala. 59, 237 So.2d 108 (1970). In arriving at a...
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