Division of Administrative Hearings, Florida
Filed: Aug. 07, 1998
The issue in this case is whether Fred E. Hild (Colonel Hild), a deceased member of the Florida Retirement System, was incapacitated at the time he selected his retirement option and through the time that his first benefits check was cashed and, if so, whether his retirement option should be amended retroactively to provide benefits for Petitioner, Lois Hild, his spouse.Florida Retirement System member who had a stroke but later returned to work with physician`s certificate was not incapacitated when he executed forms selecting Option 1, depriving his dependent spouse of survivor benefits.
