Marilyn L. Wilson v. The City of Providence, by and through its Treasurer, James J. Lombardi

Syllabus

The plaintiff, Marilyn Wilson, appealed from a partial final judgment entered in accordance with Rule 54(b) of the Superior Court Rules of Civil Procedure following a Superior Court order granting summary judgment in favor of Diane Wilson as to count one and count three of Marilyn's complaint and count one of Diane's cross-claim. Before the Supreme Court, Marilyn argued that the hearing justice erred in interpreting G.L. 1956 § 45-21.3-1 and Section 17-189(m)(6) of the Code of Ordinances of the City of Providence, thereby holding that Diane, and not Marilyn, is the surviving spouse of Milton Wilson and is entitled to receive the surviving spouse benefits set forth in the statute and ordinance. Upon reviewing the record, the Supreme Court held that under their plain and ordinary meanings, the terms \surviving spouse\ and \dependent spouse\ both refer to the person to whom a decedent was married at the time of his or her death. Furthermore, the Supreme Court held that the surviving spouse benefit in question is a distinct statutory benefit, separate from any other pensions, which must be paid to the decedent retiree's surviving spouse, as defined supra. Accordingly, the Court affirmed the partial final judgment of the Superior Court, thereby declaring that Diane, and not Marilyn, is entitled to receive the surviving spouse benefit from the city.