Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
The Ä¢¹½ÊÓÆµAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓÆµAT also noted the medical evidence of signs of the participant¡¯s dementia.
The Ä¢¹½ÊÓÆµAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓÆµAT held that the Fund had not erred when it found those forms unreliable.
The Ä¢¹½ÊÓÆµAT further held that there had been no error in the Fund¡¯s finding that the later forms had not complied with the requirement of being signed. The Ä¢¹½ÊÓÆµAT found that the thumbprints had not been authenticated pursuant to the Fund¡¯s policy.
The Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the decision of the Standing Committee.
Decision Contested or Judgment/Order Appealed
A close relative of a deceased participant in the Pension Fund sought review of a decision not to recognize her as the beneficiary of the residual settlement under Article 38 of the Fund regulations.
In its decision, the Standing Committee of the Pension Board upheld the contested decision.
The individual related to the late participant appealed.