ILNews

Vested employer-provided health-insurance premiums are an asset

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.

Anne Bingley wanted the premiums paid by Charles Bingley’s former employer to a health-insurance company as part of his pension plan to be considered property subject to division in their divorce. The trial court held the benefits didn’t constitute a marital asset, which the Indiana Court of Appeals affirmed.

Four of the justices reversed, holding that employer-provided health-insurance benefits do constitute an asset once they have vested in a party to the marriage. They found Charles’ health-insurance benefits constitute an intangible asset, and whether a right to a present or future benefit constitutes an asset that should be included in marital property depends mainly on whether it has vested at the time of the dissolution. Navistar, from which he retired, was paying his premiums at the time the marriage ended and he had the present right to enjoy the benefits.

Chief Justice Randall T. Shepard noted the illiquidity of his benefits is relevant to the value a court may assign to an asset but not to whether benefits constitute an asset in the first place.

In Anne M. Bingley v. Charles B. Bingley, No. 02S03-1002-CV-122, the justices described three possible methods for valuing these health-insurance benefits, but noted other methods may be more appropriate in other circumstances.

The justices were unable to find any court opinions in which two of the methods were used: a trial court valuing health-insurance benefits by considering the cost of obtaining comparable alternative benefits, or by considering the cost of providing medical services covered by health insurance.

The final method – valuing the benefits by considering the premium subsidy from the employer, has been assumed to be the appropriate method by some academics and practitioners, noted the chief justice.

Then the question arises as to how to divide the assets between the parties. There is a rebuttable presumption that an equal division is just and reasonable but a party may rebut that presumption.

The majority remanded for the valuation of the benefits and reconsideration of the division of assets.

Justice Brent Dickson dissented because he believed the majority opinion “expands the division of marital property contrary to statute, intrudes upon the legislature’s public policy prerogatives, and significantly and harmfully disrupts Indiana marriage dissolution law and practice.”

“One extremely troubling application of today’s ruling is its impact in dissolution cases involving Hoosiers with retirement medical benefits from their United States military service,” he wrote. Usually, a non-military spouse will almost always lose this benefit when divorcing, but under today’s holding, the military retiree’s health benefits would be considered divisible marital property and would warrant a sizeable valuation because of the potentially lengthy time the military retiree would be eligible for the lifetime benefit.

This would likely preclude a divorcing military retiree from retaining any other marital property and require post-dissolution periodic property settlement payments made to the former spouse, something Justice Dickson doubts the legislature intended.

“Today’s holding also introduces other substantial challenges to the valuation and equitable distribution of marital property as parties and courts attempt to apply this new standard to the wide variety of non-pension, assured future benefit packages that are becoming more commonplace with many employers. For example, Hewlett-Packard (HP) provides discounts to its retirees, allowing them to purchase HP products ranging from laptops to printer ink cartridges at a reduced price,” he wrote. “Assigning a present value to such vested benefits will be a formidable if not impossible task.”
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

ADVERTISEMENT