Fatemi v. Los Angeles County Employees Retirement Ass'n

Opinion

JOHNSON, J.

This case involves a dispute between the designated beneficiary of a deceased county employee and the county retirement board over entitlement to death benefits payable under Government Code section 31780 et seq.

1

The trial court ruled against the designated beneficiary. We affirm.

[1799]

Facts and Proceedings Below

The facts are undisputed. Dr. Abdol Fatemi died while an employee of Los Angeles County from causes unrelated to his employment. Dr. Fatemi left a surviving spouse, Simin, and an adult daughter from a previous marriage, Shireen. The daughter, Shireen, was the designated beneficiary of death benefits under Dr. Fatemi’s county retirement plan. The plan is administered by the Los Angeles County Employees Retirement Association (the County).

Following Dr. Fatemi’s death, the County gave the surviving spouse, Simin Fatemi, the option to select death benefits in the form of a lump-sum payment, a lifetime annuity or a combined cash payment and reduced lifetime annuity. She chose the latter option.

The surviving daughter, Shireen Fatemi, also filed a claim for Dr. Fate-mi’s death benefits as the sole designated beneficiary under his retirement account. The County denied the claim on the ground a surviving spouse’s election of the combined benefit under section 31781.3 cut off all rights and claims of the decedent’s designated beneficiary. Ms. Fatemi brought this action challenging the County’s denial of her claim to benefits.

On cross-motions for summary judgment the trial court determined there were no disputed material facts and, as a matter of law, the County correctly denied Ms. Fatemi’s claim to her father’s death benefit.

Discussion

When a Los Angeles County employee dies from a non-employment-related cause, the surviving spouse may elect to receive death benefits in the form of a lump-sum payment or a lifetime annuity. (§ 31781.1) The surviving spouse is entitled to these death benefits regardless of whether he or she is the beneficiary designated by the employee. Section 31781.1 provides in relevant part: “The rights and privileges conferred by this section upon the surviving spouse and/or [minor] children of such deceased member shall not be dependent upon whether they or any of them shall have been nominated by the deceased member as the beneficiary of any benefits payable upon or by reason of his death, but shall be superior to and shall supersede the rights and claims of any other beneficiary so nominated.”