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Titler v. State Employees' Retirement Board

State employee's estranged spouse was not entitled to receive a death benefit because the employee had replaced her with his father and brother as his beneficiaries before his death, and she had failed to protect her interests by obtaining an injunction or a divorce decree accompanied by a Domestic Relations Order.

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Argued: October 30, 2000

Kimberly Jean Titler (Claimant) appeals from an order of the State Employees’ Retirement Board (Board) denying Claimant’s request to be designated as beneficiary of George Titler’s (Member) State Employees’ Retirement System (SERS) death benefits. For the reasons set forth herein, we affirm.

The relevant facts are as follows. Member enrolled in SERS in 1971 when he began his employment with the Pennsylvania State Police. Claimant and Member were married in 1972 and Member designated Claimant his primary beneficiary of his retirement account on two successive beneficiary forms completed in 1977 and 1980. Claimant and Member separated in June 1996 and Claimant initiated divorce proceedings in the Court of Common Pleas of Fayette County in October 1996. In November 1996, without Claimant’s knowledge, Member changed his SERS primary beneficiary from Claimant to Clyde Titler Sr. and Clyde Titler Jr. (Intervenors), Member’s father and brother, respectively.

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