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eBook details

• Title: Bergin v. Board of Trustees
• Author : Supreme Court of Illinois
• Release Date : January 24, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Upon petition of defendant, the Board of Trustees of the Teachers' Retirement System, we have granted leave to appeal from a judgment of the Appellate Court, (47 Ill. App.2d 348,) affirming a judgment of the circuit court of Cook County. The problem presented is the proper construction of those sections of our School Code having to do with the payment of death and survivors' benefits upon the decease of a member of the retirement system. In 1953 William Bergin was a teacher employed by a Cook County school district and became a participant in the Teachers' Retirement System of Illinois, (Ill. Rev. Stat. 1951, chap. 122, art. 25,) a compulsory pension program for teachers financed by their contributions and those of the employing school units. On January 31, 1953, Bergin executed a written form nominating and designating his mother and a brother to receive the benefits then authorized in the event of his death. When he died in December, 1959, this written designation had never been altered or revoked, as he had a right to do, despite the circumstances that he had married Mary Bergin and that two children had been born to the union prior to his death. The controversy which has arisen is whether the widow and children or the mother and brother should receive the death benefits, and is provoked by questions of statutory construction rather than any contest between the respective sets of beneficiaries, inasmuch as the mother and brother have sought to waive any claim in favor of the widow and children.

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