Louisiana Supreme Court Decides Case Involving LASERS Survivors' Benefits

On December 7, 2007, the Louisiana Supreme Court issued its ruling in the case of Louisiana State Employees' Retirement System v. McWilliams.

Basically, Mr. McWilliams' first wife applied to LASERS for survivors' benefits, based on the fact that she was married to Mr. McWilliams during part of the time that he was employed by the State of Louisiana's Department of Transportation and Development. At the time of his death, Mr. McWilliams was married to his second wife and he was employed by the DOTD at the time of his death.

The Supreme Court ruled that Mr. McWilliams' first wife was not entitled to a portion of the LASERS survivors' benefits. The Supreme Court distinguished survivors' benefits from regular retirement benefits.

Comments

[Brian]

The La Supreme Court on rehearing reversed its decision on LASERS and held that the former spouse is entitled to the benefits based on the Sims formula.