Ex-Wife Entitled To Portion Of Officer’s Pension Though Officer Not Yet Retired

In a 1986 decision known as Koelsch v. Koelsch, the Arizona Supreme Court defined a matured pension as an “unconditional right to immediate payment.” Under Koelsch, when an employee spouse continues working after his retirement benefits mature, then he is “liable to reimburse the non-employee spouse for the property interest in the monthly pension benefit.” A non-employee spouse may waive her right to seek Koelsch payments if that spouse…

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Disability Pension Subject To Division In Divorce

Adrian and Brooke Aurs were married in July 2007. At all times during the parties’ marriage, Adrian was employed as a police officer with the Indianapolis Metropolitan Police Department (IMPD) and was a member of the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund (1977 Fund). Brooke filed for divorce in November 2015. Adrian was placed on unpaid suspension starting July 30, 2016, following a violent incident at…

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