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RICE v. GARRISON

No. 72,146

258 Kan. 142 (1995)

BEVERLY J. RICE, Appellee/Cross-appellant, v. JANET S. GARRISON, KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, and THE SECURITY BENEFIT GROUP/SECURITY BENEFIT LIFE INSURANCE COMPANY, Appellants/Cross-appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1995.

Attorney(s) appearing for the Case

Arthur A. Glassman, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause, and R. Scott Seifert, of the same firm, was with him on the brief for appellee/cross-appellant.

Bruce C. Harrington, of Topeka, argued the cause and was on the brief for appellant/cross-appellee Janet S. Garrison.

David C. Wetzler, of Bennett, Lytle, Wetzler, Martin & Pishny, L.C., of Prairie Village, was on the briefs for appellant/cross-appellee Kansas Public Employees Retirement System.

The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment action brought by the surviving spouse of a deceased state employee seeking a determination that she is the owner of certain pension benefits and life insurance proceeds, notwithstanding the fact the decedent's former wife is the designated beneficiary thereof. The district court, on equitable principles of unjust enrichment, established a

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