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Appeals court weighs duty of retirement board to provide prescribed forms in survivorship dispute
Summary
Appellants argued the retirement board had an administrative duty under chapter 32 to provide prescribed forms when a surrogate requested survivorship benefits; the board said statute requires a written prescribed form filed before death and that informal advice does not alter statutory requirements.
The Appeals Court heard an appeal over whether the Contributory Retirement Appeal Board and the Board of Retirement had an enforceable duty to provide a member—or a surrogate on the member's behalf—the "option d" prescribed form that secures survivorship benefits if filed before death. Counsel for the appellant estate said a cover letter and surrogate calls put the retirement system on notice and…
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