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TITLE | Supreme Court en banc Decision 2021Da255853 Decided November 21, 2024 ¡¼Damages (Automobile)¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ In a case where inheritors of a school teacher and/or staffer, who died in the course of official duties due to another person¡¯s tort, inherited the decedent¡¯s damages claim for lost retirement pension or lump-sum retirement pension, and only a subset of the inheritors or those who are not legitimate heirs received survivors¡¯ pension benefits upon the death of the said employee from the Teachers¡¯ Pension, whether survivors¡¯ pension should be deducted, after a damages claim equal to the amount of lost retirement pension or lump-sum retirement pension passes to the inheritors, from the damages claim of only the inheritor who is the beneficiary of the pension fund (affirmative) Whether this legal doctrine likewise applies to the order of deducting survivors¡¯ pension, etc. from a damages claim equivalent to the lost retirement pension or lump-sum retirement pension and the scope of persons affected thereby under the Public Officials Pension Act (affirmative) |