# Estate of Wilson v. State Employees' Ret. Bd.

> Supreme Court of Pennsylvania · July 16, 2018 · 189 A.3d 386

URL: https://www.frixlaw.com/law-library/cases/4294482

## Case

- **Full name:** ESTATE OF Lynn D. WILSON BY Donna KILLINGER, Executrix, Respondent v. STATE EMPLOYEES' RETIREMENT BOARD, Petitioner
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 16, 2018
- **Citations:** 189 A.3d 386
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4294482

## Opinion text

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT

ESTATE OF LYNN D. WILSON BY : No. 25 WAL 2018
DONNA KILLINGER, EXECUTRIX, :
:
Respondent : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
v. :
:
:
STATE EMPLOYEES' RETIREMENT :
BOARD, :
:
Petitioner :

ORDER

PER CURIAM

AND NOW, this 16th day of July, 2018, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner are:

(1) Did the Commonwealth Court abuse its discretion and depart from accepted
judicial practice in holding that the Decedent’s retirement option change
application must be considered filed when mailed?

(2) Did Commonwealth Court apply the wrong scope and standard of review to
the Retirement Board’s adjudication by not affording the appropriate
deference to the Retirement Board’s interpretation of the State Employees’
Retirement Code, 71 Pa.C.S. §§ 5101-5958, (“Retirement Code”) and duty
adopted regulation for determining a document’s filing date, and by making
unsupported evidentiary presumptions, regarding the actual mailing of the
documents at issue in this case?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4294482. Public record. Not legal advice.