Andrew J. Eberly and Ruthanne E. Eberly - Page 12

                                       - 11 -                                         
               Furthermore, we find no support for respondent’s position              
          under Washington State law.  The Supreme Court of Washington has            
          held that “a pension granted to a public employee * * * is                  
          contractual in nature.”  Jacoby v. Grays Harbor Chair &                     
          Manufacturing Co., 468 P.2d 666, 669 (Wash. 1970); see also                 
          Caughey v. Employment Sec. Dept., 503 P.2d 460 (Wash. 1972);                
          Bakenhus v. Seattle, 296 P.2d 536 (Wash. 1956).  In Boeing                  
          Airplane Co. v. Firemen’s Fund Indem. Co., 268 P.2d 654, 658                
          (Wash. 1954), the court stated that “Where the terms of a                   
          contract taken as a whole are plain and unambiguous, the meaning            
          of the contract is to be deduced from its language alone, and               
          it is unnecessary for a court to resort to any aids to                      
          construction.”  Furthermore, “Where contractual language is                 
          unambiguous courts will not read ambiguity into the contract.”              
          Jacoby v. Grays Harbor Chair & Manufacturing Co., supra at 670.             
               The CWU retirement plan and TIAA-CREF annuity are contracts.           
          The TIAA-CREF annuity provides that decedent could “during his              
          lifetime * * * receive, exercise, and enjoy every benefit,                  
          option, right and privilege conferred” by the TIAA-CREF annuity.            
          One such right conferred by the TIAA-CREF annuity is the                    
          participant’s right to elect to receive a lump-sum distribution             
          from his accumulated annuity funds prior to the annuity start               
          date.  With respect to exercising the right to a lump-sum                   
          distribution, the TIAA-CREF annuity specifically provides that              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011