City of Henderson Police & Fireman Pension Board v. Riley

674 S.W.2d 27, 1984 Ky. App. LEXIS 473
Court of Appeals of Kentucky·Decided March 16, 1984·Published·Cited by 10 cases

Opinions

CLAYTON, Judge.

This is an appeal from a Declaratory Judgment of the Henderson Circuit Court determining the appellee, Doris S. Riley, to be a “widow” for purposes of the police and fireman’s pension fund provisions of KRS 95.624(3)(c), and awarding her $16,-622.60 in unpaid accrued pension benefits, and $397.67 per month, plus interest.

Riley is the widow of Ben Goad, Jr., a former City of Henderson police officer who died April 13, 1976, after serving approximately ten (10) years on the City of Henderson (a third class city) Police Department, and ten (10) years on the City of Henderson Fire Department, for a total of approximately twenty (20) consecutive years in employment governed by the pension provisions of KRS 95.624. From April 14, 1976, through March 16, 1978, she received pension benefits from the Board in the amount of $397.67 per month, amounting to a total of $9,186.18 by the date of her remarriage on March 17, 1978. Benefits were terminated on that date and Riley has received none since.

On April 7, 1980, approximately three months after her remarriage was dissolved by divorce, she applied for reinstatement of those benefits and was denied them by the Board. In response, Riley filed a petition in the Henderson Circuit Court for a declaratory judgment to determine her right to receive such benefits. It is from that judgment that the City of Henderson Police and Fireman Pension Board (Board) and City of Henderson (City) now appeal.

The Board and the City argue that Riley is not a “widow” within the confines of KRS 95.624(3)(c). In sum, their position is that the term must be given its usual and ordinary meaning which, according to Black’s Legal Dictionary, is “a woman whose husband is dead and who has not remarried.” Thus, according to this dictionary approach, the word “widow” refers to a terminable marital status. To have remained a widow, and retained her benefits, Riley was required to remain indefinitely unmarried after the death of her qualifying spouse.

[29] Riley responds that “widow” as applied in the statute merely designates the person to receive benefits. Thus, a woman surviving a qualified employee, while not entitled to benefits during the period she remains remarried, becomes so entitled following the termination of her remarriage by death or divorce.

Having examined the well-drafted arguments of both parties, and the authorities supporting those arguments, we are convinced that the language of KRS 95.-624(3)(c) requires the resumption of benefits to the surviving spouse of a qualified former employee, upon the termination of that surviving spouse’s remarriage. Therefore, Riley did not cease to be the widow of Ben Goad, Jr., simply because she remarried following his death. Upon the termination of her remarriage by divorce she again became entitled to pension benefits as a “widow, while unmarried” under KRS 95.624(3)(c). Were she to again remarry at some later date, she would again become entitled to pension benefits following the termination of that subsequent remarriage. This result is supported by a majority of decisions construing the term “widow,” and by the legislative draftsmanship and purposes of KRS 95.624(3)(c). We turn first to the task of construing the term “widow.”

I.

Unfortunately, KRS Chapter 95, City Police and Fire Departments, does not define the term. Nor has any Kentucky court decision been found which interprets it. The only statutory definition of “widow” found in the Kentucky Veteran’s Bonus Statute, KRS 40.010(9)(a), is, of course, inapplicable as it appears in a totally unrelated chapter of the Revised Statutes. While one opinion of the Attorney General has construed the similar language of KRS 95.-550(l)(c) in accordance with the appellant’s position, we are not bound by this construction. It is nothing more than an unexplained single sentence declaration which suspiciously resembles the text of Corpus Juris Secundum. See 70 C.J.S. Pensions § 4(b) (1951). We mention this only because it is raised in the appellant’s brief. See O.A.G. 82-67.

Looking instead to the judicial authority of foreign jurisdictions, we find that Riley’s interpretation of the term “widow” receives full support in a substantial line of decisions, beginning in 1895 with the landmark case, In re Ray’s Estate, N.Y., 13 Misc.Rep. 480 (1895), and continuing until 1981 in Matter of Estate of Souder, 421 N.E.2d 12 (Ind.App.1981).

The first of these decisions, Ray’s Estate, supra, involved the interpretation of an inheritance tax statute exempting “the husband of a daughter” from transfer tax. Under the facts of that decision, the son-in-law of a deceased testatrix had by her will been named beneficiary to a substantial estate. The state of New York sought to hold the son-in-law liable to a transfer tax arguing that he was not “the husband of a daughter” within the statute in that his wife, the former daughter of the testatrix, had predeceased the testatrix. After interpreting the term “husband” to include a widower, the court was faced with the state’s argument that based upon the dictionary definition of “widow,” the son-in-law was no longer a widower as he had remarried prior to the testatrix’s death. We quote at length the court’s eloquent response:

“[W]e are confronted with the definitions of the word ‘widow’ as stated in the various dictionaries, to-wit:

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City of Henderson Police & Fireman Pension Board v. Riley, 674 S.W.2d 27, 1984 Ky. App. LEXIS 473 (Ky. Ct. App. 1984).

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City of Henderson Police & Fireman Pension Board v. Riley
674 S.W.2d 27 (Court of Appeals of Kentucky, 1984)