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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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