ERB v. ERB

No. 94-1600.

75 Ohio St.3d 18 (1996)

ERB v. ERB, APPELLEE; THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided March 4, 1996.


Attorney(s) appearing for the Case

Baker & Hostetler, James A. Loeb, David L. Marburger and John J. McGowan, for appellee.

Betty D. Montgomery, Attorney General, Doug S. Musick and Daniel A. Malkoff, Assistant Attorneys General, for appellant.

Christopher S. Cook, Michael W. Gleespen, William C. Becker and Jerry K. Kasai, Assistant Attorneys General, urging reversal for amici curiae, School Employees Retirement System of Ohio, State Teachers Retirement System of Ohio, Public Employees Retirement System of Ohio, and Ohio State Highway Patrol Retirement System.


Cook, J.

In this case, we must determine whether a court may order, as part of a marital property award in a divorce action, The Police and Firemen's Disability and Pension Fund of Ohio to pay pension benefits to a non-employee spouse prior to the participant's retirement. We find that the domestic relations court erred in issuing such an order because it violates the terms of the retirement plan. Accordingly, we reverse the court of appeals and remand the cause to...

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