WEIAND v. BD. OF TRUSTEES

No. 95-CA-2270-MR.

936 S.W.2d 778 (1997)

Linda Darleen WEIAND, Appellant, v. BOARD OF TRUSTEES OF KENTUCKY RETIREMENT SYSTEMS; Steven Joseph Weiand; and Chris Gorman, Attorney General of the Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

January 17, 1997.


Attorney(s) appearing for the Case

J. Baxter Schilling, Louisville, for Appellant.

Robert W. Kellerman, R. Douglas Martin, Frankfort, for Appellee.

Before EMBERTON, MILLER and SCHRODER, JJ.


SCHRODER, Judge:

This appeal addresses whether a divorced wife who is named as beneficiary of her ex-husband's retirement benefits may seek a declaratory judgment to determine whether she will be entitled to those benefits upon her ex-husband's death. We believe that she may.

Steven J. Weiand (Steven) retired from the Louisville Police Department on April 1, 1988. Prior to his retirement, he chose the "Survivorship 100%" retirement benefits option. This plan...

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