November Case Law Update

2017Eileen ZellDecember 10, 2017OH, Ohio, Equitable Division, Tracing, Appeals, Marital Property, Offset, O.R.C., Social Security

Kentucky’s Proposed Pension Reform Plan

On October 18, 2017, Governor Matt Bevin and state Republican leaders unveiled a plan that transitions Kentucky Retirement Systems’ traditional pension plans and hybrid ‘Cash Balance’ plans into Defined Contribution Plans for all newly enrolled (and many current) employees. If the bill passes, substantial changes will be made, impacting participant benefits, retiree healthcare, disability, and death benefits.

2017Eileen ZellNovember 20, 2017KTRS, KRS, KERS, KY, Kentucky, Retirement

Do as I Say and Not as I Do

Priest v. Priest, No. 2016-CA-001270-MR (Ky. App. 2017)

Court of Appeals Makes a Plea to the Kentucky Supreme Court Regarding the Inequity Caused by a Diminishing Coverture Fraction as Directed under Current Law

Rendered: November 9, 2017
To Be Published
Opinion Affirming In Part, Reversing in Part, and Remanding

Author’s Note: Thank you Tim Theissen, Esq., of Strauss Troy, for sharing this case with me the day it came out - actually that very afternoon during a lunch meeting. (Thanks for ruining my lunch, Tim!)

“Houston, we have a problem.” This is the essence of Priest v. Priest. Priest involves the division and assignment of a military pension in divorce, and you may remember it from the first time it came through the Court, in 2015, wherein the Court remanded back to the trial court for findings consistent with Poe v. Poe, 711 S.W.2d 849, 850 (Ky. App. 1986), and Snodgrass v. Snodgrass, 297 S.W.3d 878, 890-891 (Ky. App. 2009). See my prior blog post at: http://www.ezlawpllc.com/blog/2015/5/17/qdro-catch-up-case-law-legislative-updates-in-ohio-kentucky.