7-[2-01 STATE OF FLORIDA DIVISION OF RETIREMENT CL AUG 23 PA _ SUSAN ANN CARPENTER, Petitioner, vs. DOAH Case No. 01-1618 DMS DOR No.: 00-43 SSN# 263-42-0146 DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF RETIREMENT Respondent. / ee FINAL ORDER PRELIMINARY STATEMENT PRELLMLN ARE After being formally notified of the Division of Retirement’s intent to deny her request to set aside the Option 1 retirement of her deceased husband, Irvin Carpenter, Mrs. Carpenter timely filed a petition for hearing and the case was referred to the Division of Administrative Hearings. , Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Fred L. Buckine, held a formal hearing in the above-styled case on June 7, 2001, in Tampa, Florida. At the formal proceeding, Mrs. Carpenter testified on her own behalf and offered 6 exhibits, which were admitted. Respondent offered the testimony of Ira Gaines, Benefits Administrator, Division of Retirement; Maurice Helms, Bureau Chief, Division - of Retirement; and Donald Welch, Hillsborough Aviation Authority. Respondent offered 6 exhibits, which were admitted. No transcript was ordered and the parties filed their proposed Recommended Orders on July 5 and 9, 2001. A Recommended Order was issued July 12, 2001, which is incorporated by reference into this Final Order. No exceptions to the Recommended “Order have been filed. STATEMENT OF THE ISSUES The issue in this case is to determine whether Susan Ann Carpenter should be allowed to set aside the Option 1 retirement of her deceased husband and receive an Option 3 lifetime benefit. FINDINGS OF FACT The Division of Retirement accepts the Findings of Fact set forth in the Recommended Order, which are incorporated herein by reference. CONCLUSIONS OF LAW The Division of Retirement accepts the Conclusions of Law set forth in the Recommended Order, which are incorporated herein by reference. : ORDER Based on the foregoing, it is hereby ORDERED and DIRECTED that the Florida Division of Retirement denies the request of the Petitioner, Susan Ann Carpenter to set aside the Option 1 retirement of her deceased husband. M4 say of Cran uot 2001, in DONE AND ORDERED this 22)” UMMA ta i. Tallahassee, Leon County, Florida. ERIN B. SJOSTROM STATE RETIREMENT DIRECTOR DIVISION OF RETIREMENT CEDARS EXECUTIVE CENTER - BUILDING C “9639 NORTH MONROE STREET "TALLAHASSEE, FL 32399-1560 " (850) 488-5541 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO oss SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS “ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF RETIREMENT, AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. I HEREBY CERTIFY that this Final Order was filed in the official records of the Division of Retirement, and copies distributed by U.S. Mail to the parties d below, on the QQ” day of Gu 1G Loa , 2001. EDDIE C. Boameis Deputy Clerk Division of Retirement Copies furnished to: Susan Ann Carpenter 7137 Silvermill Drive Tampa, FL 33635 Scott W. Fitzpatrick, Esq. Keifner & Renaldo, P.A. 146 Second Street, Suite 300 - St. Petersburg, FL 33701 Judge Fred L. Buckine Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Thomas E. Wright Senior Attorney Division of Retirement P.O. Box 3900 Tallahassee, FL 32315-3900

Docket for Case No: 01-001618

Orders for Case No: 01-001618