Duhaime v. Treasurer

636 A.2d 754, 161 Vt. 157, 17 Employee Benefits Cas. (BNA) 2191, 1993 Vt. LEXIS 108
Supreme Court of Vermont·Decided November 19, 1993·No. No. 92-316·Published·Cited by 3 cases

Opinions

Dooley, J.

Plaintiff, Robert Duhaime, appeals from a declaratory judgment holding that he is not entitled to receive additional retirement benefits from the Vermont Employees Retirement System, 3 V.S.A. §§ 455-495, for financially supporting his stepchild. He argues that 3 V.S.A. § 461(c)(2) requires the Treasurer to pay him an extra ten percent of his “average final compensation” on account of his dependent stepson. He also argues that if he is not entitled to additional compensation under the statute, the statute violates his rights [158]*158under the Equal Protection Clause of the United States Constitution and Chapter I, Articles 7 and 9 of the Vermont Constitution. We agree that the statute entitles him to the benefits he seeks and we reverse.

Plaintiff was employed by the Vermont State Police from 1976 to 1983, at which time he began receiving accidental disability retirement compensation pursuant to 3 V.S.A. § 461. Prior to his disability, plaintiff had married Yolande Duhaime. Her biological son, Nathan, lived with his father until 1986, when he moved in with his mother and the plaintiff. In 1989, Ms. Duhaime was granted sole custody of Nathan. The custody order states that Ms. Duhaime is “presently financially able to support Nathan,” and it provides no child support from Nathan’s biological father, although the father acknowledges that he may have to pay child support in the future. In fact, plaintiff has financially supported Nathan since 1986. He claims Nathan as a dependent for purposes of calculating his income tax liability and his Veterans’ Administration disability allotment.

The issue in this appeal centers on whether plaintiff may claim his stepchild, Nathan, as “a dependent child of his” for purposes of calculating his retirement allowance pursuant to 3 V.S.A. § 461(c)(2).

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Duhaime v. Treasurer, 636 A.2d 754, 161 Vt. 157, 17 Employee Benefits Cas. (BNA) 2191, 1993 Vt. LEXIS 108 (Vt. 1993).

636 A.2d 754 (Duhaime v. Treasurer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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