AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Divorce Proceedings

     Although a public employee, as part of the divorce decree, was supposed to designate his ex-wife as beneficiary, he failed to do so. Upon his death the pension properly was distributed to his children; his signing of the dissolution agreement was not a substitute for the strict requirements for designating a beneficiary. Hansford v. Public Empl. Retir. Sys., #06AP-880, 2007-Ohio-1242, 2007 Ohio App. Lexis 1156.
     Four years after a police officer began participating in a DROP plan, he and his wife were divorced. A Texas appellate court has held that the wife was entitled to a percentage of the benefits credited to the husband's DROP [Deferred Retirement] account, including those credited post-divorce. Stavinoha v. Stavinoha, #14-02-01081-CV, 126 S.W.3d 604, 2004 Tex. App. Lexis 465 (2004). {N/R}
     Firefighter's disability pension was not subject to his ex-wife's claim in the divorce proceeding, but could justify higher child support payments. Thompson v. Thompson, 642 A.2d 1160 (R.I. 1994). [1995 FP 37]
     Police officer's pension was not exempt from equitable division in a marriage dissolution proceeding, notwithstanding a state statute preventing the attachment or assignment of pension benefits from the claims of creditors. Glidewell v. Glidewell, 859 S.W.2d 675 (Ky. 1993), relying on Cleveland v. Bd. of Trustees, 550 A.2d 1287 (N.J. App. 1988). {N/R}
     First wife, who was entitled to part of a retired firefighter's monthly retirement benefits under a divorce decree, was not entitled to a portion of the "surviving spouse" benefits on his death. Duckett v. Bd. of Trustees, 832 S.W.2d 438 (Tex.App. 1992). [1993 FP 22-3]
     N.Y. appellate court upholds order in divorce case requiring a retired officer to pay a lump sum to his ex-wife representing her share of retirement benefits to be paid in future years. DeMarco v. DeMarco, 532 N.Y.S.2d 293 (A.D. 1988).
     Appellate courts hold that ex-spouse is entitled to half of the estimated present value of public employee's pension fund, even though employee has not yet reached retirement age. Kneece v. Kneece, 370 S. E. 2d 288 (S. C. App. l988).
     Divorce court could award part of employee's unmatured pension to wife. Majauskas v. Majauskas, 61 N.Y.2d 481, 474 N.Y.S.2d 699, 463 N.E.2d 15 (1984).
     Ex-wife denied attachment of ex-husband's pension benefits; proceeds not directly subject to decree. Courts differ. Young v. Young, 467 A.2d 33 (Pa. Super. 1983).
     Ex-wife can require pension board to make payments directly to her, due under divorce decree. Spadaro v. New York City Police Pension Service, 454 N.Y.S.2d 374 (Misc. 1982).

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