Morgan v. Morgan

212 So. 3d 1235, 2016 La.App. 1 Cir. 0964, 2017 WL 658252, 2017 La. App. LEXIS 263
CourtLouisiana Court of Appeal
DecidedFebruary 17, 2017
DocketNUMBER 2016 CA 0964
StatusPublished
Cited by2 cases

This text of 212 So. 3d 1235 (Morgan v. Morgan) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Morgan, 212 So. 3d 1235, 2016 La.App. 1 Cir. 0964, 2017 WL 658252, 2017 La. App. LEXIS 263 (La. Ct. App. 2017).

Opinion

WELCH, J.

| ¡¿Diana D. Morgan appeals a judgment of supplemental partition of the community interest in her defined benefit pension plan through the Teacher’s Retirement System of Louisiana (“TRSL”). For reasons that follow, we affirm.

FACTUAL AND PROCEDURAL HISTORY

The factual and procedural history of this case is more fully set forth in our earlier opinion, Morgan v. Morgan, 2013-0681 (La.App. 1 Cir. 12/27/13), 2013 WL 6858250 (unpublished).1 In sum, the parties were married in 1980 and had four children during their marriage.2 On June 28, 1999, Michael Morgan filed a petition for divorce and the parties were subsequently divorced on October 4, 2001. Thereafter, on December 5, 2008, the parties entered into a stipulated judgment of partition of community property, which provided that the employment pension plans of both parties would be divided in accordance with the formula set forth in Sims v. Sims, 358 So.2d 919 (La. 1978).3 During the marriage, Diana Morgan was employed as a teacher by the St. Tamma[1237]*1237ny Parish School Board and was a member of TRSL. In furtherance of the stipulated judgment of partition, a division order with respect to Diana Morgan’s benefits with TRSL was signed by the trial court on March 24, 2011. Morgan, 2013-0681 at p.1.

On September 20, 2012 Diana Morgan filed a petition for supplemental partition of her pension, asserting that the stipulated judgment and division order [¡/partitioning her retirement benefits were incomplete and erroneous. According to Diana Morgan, she was “forced” to take disability retirement, but had been unable to receive her disability benefits because the division order did not differentiate between disability benefits and retirement benefits. Therefore, she sought to have the TRSL division order supplemented or clarified to provide that Michael Morgan was entitled to receive only his percentage portion of Diana Morgan’s retirement benefits, reserving unto her the right to receive her disability benefits. Michael Morgan responded by filing a peremptory exception raising the objections of prescription/per-emption, no cause of action, and res judi-cata; and a declinatory exception raising the objection of lack of subject matter jurisdiction. The trial court sustained the peremptory exceptions and dismissed Diana Morgan’s petition for supplemental partition, and Diana Morgan appealed to this Court. Morgan, 2013-0681 at pp. 1-2.

On appeal, this Court reversed the trial court’s ruling on the peremptory exceptions, finding that Diana Morgan had stated a cause of action for supplemental partition and/or declaratory judgment regarding her disability benefits, that her action was neither prescribed nor per-empted, and that her action was not barred by res judicata because Michael Morgan failed to prove that he and Diana Morgan clearly intended that her disability benefits would be included in the stipulated judgment partitioning the community property. Morgan, 2013-0681 at pp.2 and 6. Thus, Diana Morgan’s defined benefit pension plan with TRSL was subject to a supplemental partition.

Following this Court’s decision in Morgan, the supplemental partition of Diana Morgan’s TRSL benefits was submitted to the trial court for a decision based upon a joint stipulation of facts and applicable law and the memoranda filed |4by the parties, including the exhibits attached thereto.4 For purposes of the supplemental partition, the parties stipulated to the following:

Michael Morgan and Diana Morgan were married on November 22, 1980, and their community was terminated on June 28, 1999. From 1986 through 1996 and from 2001 through 2011, Diana Morgan was on “active service” with TRSL. From 1995 through 2001, Diana Morgan was on disability retirement with TRSL; four of those six years of disability retirement (1995-1999) were during the community.

Diana Morgan finally retired in December 2011 at age 52. At that time, she had 19½ years of active service. However, since Diana Morgan returned to active service for at least three years after her disability retirement, her six years of disability retirement (1995-2001) were credited to her account as active service years for purposes of determining her eligibility for regular service retirement.5 Therefore, at [1238]*1238the time of Diana Morgan’s retirement in December 2011, she was credited with 25½ years of service for purposes of determining her eligibility for regular service retirement (instead of 19½ years); however, the six years of disability retirement were not credited to her for the calculation of her retirement benefits, which was based on 19½ years of active service. When Diana Morgan retired in December 2011, she took disability retirement and began receiving a monthly benefit of $2,325.00, which benefit was based on a 2.5% multiplication factor, as well as a benefit for her minor child in the amount of $1,162.00 per Rmonth.6 However, Diana Morgan’s disability retirement was immediately converted by TRSL to a regular service retirement since she was eligible for a regular service retirement because she had more than twenty years of creditable service; the conversion of her retirement did not change the amount of her benefits.7 Instead, the effect of the conversion was to free Diana Morgan from the obligations to submit to a periodic medical examination and provide a notarized annual income statement, which is generally required of disability retirees, and the limitation on being employed in the education field.8

In December 2011, with only 19½ years of active service, if Diana Morgan did not have the accredited disability service, she would not have been eligible for regular service retirement at the age of 52; she would have been eligible for regular service retirement at age 60 (on September [1239]*123917, 2019) (because she had at least five years of accredited service) using a 2% factor with a monthly benefit of | ^approximately $1,860.00.9 In December 2011, with 23½ years of eligible service (attributing the four years of disability retirement during the community to retirement eligibility), Diana Morgan was immediately entitled to |7regular service retirement using a 2% factor with a monthly benefit of approximately $1,860.00.10 In December 2011, with 25½ years of eligible service (attributing all six years of disability retirement to eligibility), Diana Morgan was immediately entitled to regular service retirement using a 2% factor with a monthly benefit of approximately $l,860.00.11

At issue in the supplemental partition of Diana Morgan’s TRSL benefits was the six years that Diana Morgan was on disability retirement (1995-2001), which, following her return to active service for three years, made her eligible for a regular service retirement at age 52 rather than age 60. Michael Morgan contended that the disability retirement years later credited to Diana Morgan toward her retirement eligibility should be considered eligibility for regular service retirement regardless of whether they occurred during the community or after the community.

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Bluebook (online)
212 So. 3d 1235, 2016 La.App. 1 Cir. 0964, 2017 WL 658252, 2017 La. App. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-morgan-lactapp-2017.