Gettman v. City of Los Angeles Department of Water & Power

DORAN, J.

This appeal involves certain proceeds payable upon the death of Ernest L. Gettman, an employee of the Los Angeles Department of Water and Power, under the provisions of what is referred to as the Water and Power Employees’ Retirement Plan. Claiming the entire amount due under an employees’ death benefit fund and retirement fund, to which the deceased employee had contributed, are the plaintiff, Wallace A. Gettman, decedent’s son by a first marriage,

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denominated by the decedent as beneficiary; and the defendant and cross-complainant Lois Gettman, a second wife of the employee, Ernest L. Gettman, deceased. The trial court rendered judgment giving to the named beneficiary, Wallace A. Gettman, the entire proceeds of these funds. Appellant’s motions for a new trial and to set aside the judgment and enter a new and different judgment were denied.

The following statement of facts is based upon the pleadings and stipulations. On August 10, 1938, Ernest L. Gettman “became a member of the Water and Power Employees’ Eetirement plan, naming Eunice S. Gettman, his then wife, as beneficiary. Eunice S. Gettman died prior to March 8, 1939.” On March 8, 1939, Mr. Gettman changed the named beneficiary to Wallace A. Gettman, decedent’s son, respondent herein. On March 11, 1944, Ernest L. Gettman married a second wife, Lois Gettman, appellant; and on May 30, 1946, Gettman died intestate, leaving the widow Lois Gettman, Wallace A. Gettman, adult son by the first marriage, and Wendla Gettman, a 2-year-old daughter by decedent’s second marriage. Lois Gettman was duly appointed administratrix, and both the widow and the son filed claims to the proceeds due under the above-mentioned retirement plan.

It was further stipulated that the death benefit involved herein amounts to $2,750; that the total amount paid by decedent into the death benefit fund was $71.55, of which amount 72.83 per cent was paid previous to decedent’s marriage to appellant Lois Gettman, and 27.17 per cent was paid after said marriage. According to the stipulation, “payments into the Eetirement Fund are separate and distinct from the payments into the Death Benefit Fund and are payable to the member upon either his retirement or his leaving the employ of the Department of Water & Power of the City of Los Angeles. That the payments into the Eetirement Fund in the event of death prior to retirement, in effect, represent an account of the member and that interest is paid thereon.”