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Insurance presents first-impression issue

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The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.

In Anne M. Bingley v. Charles B. Bingley, No. 02A03-0904-CV-187, Anne Bingley appealed the division of assets in the dissolution of her marriage to Charles Bingley. The trial court order didn't include Charles' employer-paid, post-retirement health insurance premiums.

Anne argued the payments fall under subsection 2 of Indiana Code Section 31-9-2-98(b), as a retirement benefit not forfeited upon the termination of employment, and cited several Indiana cases that found pension benefits to be marital assets.

But the Court of Appeals ruled the premiums weren't a marital asset subject to division. The cases Anne cited involved monthly monetary payments made directly to the pension-holding spouse; Charles' benefit wasn't payable to him but was non-elective and couldn't be divided or transferred, wrote Judge Elaine Brown.

The appellate court found Gnerlich v. Gnerlich, 538 N.E.2d 285 (Ind. Ct. App. 1989), and Antonacopulos v. Antonacopulos, 753 N.E.2d 759 (Ind. Ct. App. 2001), to be instructive in that the underlying principle applied in those cases is that insurance policy coverage as part of an employee's retirement package may be included in the marital estate only when marital assets were used to obtain the benefits. Benefits that are purely supplemental are properly excluded from the marital estate, she wrote.

Judge Terry Crone wrote a concurring in result opinion in which he wondered if the Indiana General Assembly intended to define "retirement benefits" and "vested" in terms of the Internal Revenue Code. As it's currently written, I.C. Section 31-9-2-98(b) doesn't answer the question.

"If the legislature did intend to define 'retirement benefits' and 'vested' in terms of the Internal Revenue Code, then the health insurance premiums at issue would not be considered 'retirement benefits' and therefore would not be considered marital property subject to division," he wrote. "If the opposite is true, then we are left with the case law on which the majority relies as guidance for determining whether the premiums are 'retirement benefits' that are 'vested' under Indiana law."

He wants the legislature to address this perceived ambiguity.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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