Opinion
No. 44365.
May 25, 1978.
Nature of Action: The personal representative of an estate and a "designated nominee" both filed a claim for the decedent's accumulated contributions to the public employees retirement system. The retirement system interpleaded the claimants and sought an interpretation of RCW 41.20.270, which requires an insurable interest on the part of the recipient of such contributions.
Superior Court: The Superior Court for Snohomish County, No. 123588, Paul D. Hansen, J., entered a judgment in favor of the designated nominee on July 8, 1975, finding a pecuniary interest in the continuation of the employee's life.
Supreme Court: An opinion was filed ( 88 Wn.2d 200) finding no pecuniary interest on the part of the designated nominee in the continued life of the employee, and upholding the validity of the requirement of an insurable interest. The court reversed the judgment of the trial court and held that the estate is entitled to the contributions. Subsequently, the court granted a petition for rehearing.
Supreme Court (rehearing): The court adheres to its prior opinion ( 88 Wn.2d 200) reversing the trial court.
Black, Christensen Nielsen, Inc., P.S., by Quinton D. Christensen, for appellant.
Rudolf V. Mueller, for respondents.
An opinion was filed in this cause on January 7, 1977, reversing the trial court, and holding that the appellant administratrix was entitled to accumulated contributions to the Washington Public Employees' Retirement System. On September 2, 1977, this court granted the respondents' petition for rehearing.
Upon rehearing, the court adheres to and adopts that opinion heretofore filed on January 7, 1977, and reported at 88 Wn.2d 200, 559 P.2d 991.