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LA. EMP. RETIREMENT SYSTEMS v. MCWILLIAMS

No. 2005 CA 0938.

938 So.2d 782 (2006)

LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM (LASERS) v. Jane McWILLIAMS, Joelle McWilliams, and Dianne (McWilliams) Sanders.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 1, 2006.

Attorney(s) appearing for the Case

Lila Tritico Hogan, Hammond, Counsel for Substitute Defendant/Appellant Richard Sanders, Substitute Party for Dianne (McWilliams) Sanders.

Jonathan R. Schmidt, Hammond, Counsel for Defendant/Appellee Jane McWilliams.

Joelle McWilliams, Baton Rouge, Defendant/Appellee In Proper Person.

Before: CARTER, C.J., DOWNING, and GAIDRY, JJ.

GAIDRY, J.

The issue in this case is the distinction between survivor and retirement benefits paid under the Louisiana State Employees' Retirement System. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

Joel and Dianne McWilliams were married on April 26, 1969. On January 10, 1972, Joel began employment with the State of Louisiana. The McWilliams's community property regime terminated on

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