PERAC Memo #41 - 1997: DALA Decision in Dargan v. PERAC
DALA Decision in Dargan v. PERAC
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PERAC Memo #41/1997 informs boards of a DALA decision (Dargan v. PERAC) holding that estates of deceased superannuation retirees who did not receive the additional $300 veterans' allowance are entitled to that amount upon application. PERAC has appealed this ruling to CRAB, so it is not yet final. Boards should take no action and must not process any such posthumous adjustment requests until CRAB issues a decision, which PERAC will communicate.
Full Text
PERAC MEMO #41/1997 M E M O R A N D U M TO:All Retirement Boards FROM:Robert F. Stalnaker, Executive Director RE:DALA Decision in Dargan v. PERAC DATE:November 10, 1997 As you may be aware the Division of Administrative Law Appeals (DALA) has recently ruled that the estates of deceased superannuation retirees who did not receive the additional $300 veterans’ allowance, must be paid the additional amount upon application to the retirement board. The case is Priscilla Dargan v. PERAC, CR-96-1418. Please be advised that PERAC has filed objections to this decision and it will not become final until the members of the Contributory Retirement Appeal Board (CRAB) review it. No requests for such posthumous adjustments should be processed unless and until CRAB affirms DALA’s decision in this case. We will advise all retirement boards upon issuance of a decision by CRAB. RFS/ds