SHEAH RARBACK AND MAE RARBACK, APPELLANTS,
v.
DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, APPELLEE

Fla. 3d DCA | 1989-03-21
No. 87-2204
Before SCHWARTZ, C.J. and HUBBART and FERGUSON, JJ.
540 So. 2d 198 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Third District Court of Appeal reversed the Department of Administration's denial of the Rarbacks' request to reform Paul Rarback's retirement beneficiary designation. The court held that Paul Rarback's 1985 beneficiary designation became void upon his death before receiving benefits, and statutory law required his retirement benefits to pass to his surviving spouse, Mae Rarback, as a joint annuitant.


Holding

The court reversed and held that Paul Rarback's 1985 beneficiary designation became null and void because he died before receiving any retirement benefits. Treating Paul as having died without a valid beneficiary designation, the court directed that his retirement benefits be paid to his surviving spouse Mae Rarback as required by Florida Statutes § 121.091(8).


Headnotes

[1] A member's election of a retirement option is null and void if the member dies before benefits commence.

[2] An earlier designation of beneficiary is impliedly revoked by a subsequent, ineffective designation of beneficiary if the intent of the subsequent designation was to chan…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The election of an option shall be null and void if ... the member [of the state retirement system] ... dies before benefits commence.”

Establishes that Paul Rarback's 1985 beneficiary designation became void upon his death before receiving any retirement benefits

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Paul Rarback, a state employee with ten years of creditable service, filed for disability retirement on March 18, 1985, designating his daughter Sheah…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioners Sheah Rarback and Mae Rarback appeal a final administrative order of the Department of Administration, Division of Retirement. The order under review approved a recommended order of a hearing officer which denied the petitioners’ request that the deceased employee Paul Rarback’s designation of beneficiary for his vested state retirement account be reformed to show his wife, the petitioner Mae Rarback, as a joint annuitant beneficiary. We reverse the subject order and remand the cause to the Department of Administration, Division of Retirement, with directions (1) to direct the payment of Paul Rarback’s state retirement benefits to his spouse, Mae Rarback, as a joint annuitant, and (2) to treat all prior designations of beneficiary by Paul Rarback as null and void. We reach this result based on the following briefly stated legal analysis.

First, Paul Rarback’s March 18, 1985, claim for disability retirement in which he selected option 1 for retirement benefits and designated his daughter as beneficiary —which the respondent Department of Administration, Division of Retirement has, by the order on appeal, treated as a valid and enforceable designation of beneficiary upon Mr. Rarback’s death — became null and void when Paul Rarback died before receiving any retirement benefits. § 121.091(6)(e), Fla.Stat. (1985) (“The election of an option shall be null and void if ... the member [of the state retirement system] ... dies before benefits commence.”)

Second, Paul Rarback’s 1973 designation of beneficiary was impliedly revoked by Mr. Rarback’s aforesaid abortive March 18, 1985 designation of beneficiary, and, accordingly, Mr. Rarback should be treated as having died without designating a beneficiary. This is so because the record clearly demonstrates that Mr. Rarback intended by his 1985 designation to make his daughter, Sheah Rarback, the beneficiary of his retirement benefits upon his death so that the daughter could support his incapacitated wife. Given the ineffective nature of the 1985 designation of beneficiary, as explained above, we think Mr. Rarback’s intent can best be carried out and his wife cared for as he desired by treating his 1973 designation of beneficiary as having been revoked by the 1985 designation, so that he will be treated as having died without designating a beneficiary; as shown below, this means that Mr. Rarback’s wife will, in fact, become the beneficiary of his retirement benefits as he clearly intended. See § 121.091(8), Fla.Stat. (1985); see also Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940) (dependent relative revocation doctrine); Denson v. Fayson, 525 So. 2d 432, 432 (Fla. 3d DCA 1988) (same); In re Estate of Lubbe, 142 So. 2d 130, 134-35 (Fla. 2d DCA 1962) (same), overruled on other grounds, In re Estate of Johnson, 359 So. 2d 425 (Fla.1978).

Third, Paul Rarback’s state employment terminated by reason of his death after ten years of creditable service, but prior to his actual retirement, and, accordingly, it rnust be assumed that he formally retired as of the date of his death. § 121.091(7)(b), Fla. Stat. (1985) (“If the employment of a member [of the state retirement system] is terminated by reason of his death subsequent to the completion of 10 years of creditable service but prior to his actual retirement, it shall be assumed that the member retired as of his date of death....”)

Finally, because Paul Rarback failed to validly designate any beneficiary of his retirement account in the event of his death, the Division of Retirement was required to direct the payment of Mr. Rarback’s retirement benefits to his spouse, the petitioner Mae Rarback. § 121.091(8), Fla.Stat. (1985) (“If no beneficiary is named in the manner provided above ... the administrator shall direct the payment of such benefits to the spouse of the deceased, if living.”)

REVERSED and REMANDED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Eaves v. Division OF Retirement, 704 So. 2d 140 (Fla. 1st DCA 1997)
    …), Florida Statutes (1993), the attempt to designate them as beneficiaries proved, if not a nullity, entirely ineffective. “Given the ineffective nature of the ... designation of beneficiarles],” Rarback v. Department of Admin., Div. of Retirement, 540 So. 2d 198, 199 (Fla. 3d DCA 1989), the appellant as surviving spouse is entitled to receive death benefits here as in Rarback, by virtue of language that has survived unchanged in pertinent part in section 121.091(8), Florida Statutes (1993), and since. The p…
  • Alree Portee v. State of Fla. Dep't OF Admin., 603 So. 2d 621 (Fla. 3d DCA 1992)
    …fits commenced within the meaning of paragraph 121.-091(6)(e), Florida Statutes (1989). Pursuant to subsection 121.091(8), Airee Portee became the beneficiary of the decedent. See also Rarback v. Department of Administration, Division of Retirement, 540 So. 2d 198 (Fla.3d DCA 1989). We believe the better view is that paragraph 121.091(7)(b) must be read consistently with paragraph 121.091(6)(e), so as to require the administrator to select “the optional form of payment most favorable to [the beneficiary]_”…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw