Ruster v. Ruster

Opinion

DEVINE, J.

*

This appeal from a summary judgment dismissing plaintiff’s complaint is concerned with a contest between the mother, plaintiff, and the wife, defendant, of a deceased employee of the State of California for death benefits.

John A. Ruster, decedent, a bank examiner working with the Department of Savings and Loan of the State of California, was killed in an automobile accident on November 28, 1971, at the age of 58. He had married Mary Jane on September 6, 1971, two months and 22 days before his death. For over 10 years prior to his marriage, decedent had lived

[381]

with his mother, Nell Ruster. On January 4, 1963, decedent had designated in writing his mother as beneficiary of his death benefits.

In 1970, there was a change in the law relative to the designation of beneficiaries. Government Code section 21205 was then enacted (its predecessor of the same number was repealed) to provide, in part, that: “A member’s marriage, dissolution of marriage, annulment of his marriage, the birth of his child, or his adoption of a child shall constitute an automatic revocation of' his previous revocable designation of beneficiary. Any revocable designation of beneficiary in effect on the operative date of this section which was filed prior to the occurrence of any of the conditions specified herein shall become void and of no effect on that date. [t|] Upon revocation of any beneficiary designation, a member may designate the same or another beneficiary by a writing filed with the board.”

A notice of the change was mailed to each active member of the retirement system on September 21, 1970, according to the declaration of the chief of the membership division of the retirement system. Plaintiff, in her declaration, stated she would arrange and check the decedent’s mail for him daily. She did not remember seeing the notice. Plaintiff declared decedent never discussed receiving the above notice or changing beneficiaries with her, but as late as the day of his death, had told plaintiff that she was the beneficiary of his retirement fund and that he had discussed this with his wife.