LA. STATE EMP. RETIREMENT SYSTEM v. MCWILLIAMS

Nos. 2006-C-2191, 2006-C-2204.

996 So.2d 1036 (2008)

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

Supreme Court of Louisiana.

December 2, 2008.


Attorney(s) appearing for the Case

Hogan & Hogan, Lila Tritico Hogan, Hammond, for applicant in (2006-C-2191).

Jonathan Ralph Schmidt, Hammond, Roland Stephen Stark, Baton Rouge, Joelle McWilliams, in proper person for respondent in (2006-C-2191).

John L. Stone, III, Council for amicus curiae, Teachers' Retirement System of Louisiana.

Kenneth Rigby, Council for amicus curiae, Kenneth Rigby.

Katherine Shaw Spaht, council for amicus curiae, Katherine Shaw Spaht.

Cynthia Ann Samuel, council for amicus curiae, Cynthia A. Samuel.

Dian Tooley-Knoblett, council for amicus curiae, Dian Tooley-Knoblett.

Beau P. Sagona, council for amicus curiae, Beau P. Sagona.

Roland Stephen Stark, Baton Rouge, for applicant in (2006-C-2204).

Jonathan Ralph Schmidt, Hammond, Hogan & Hogan, Lila Tritico Hogan, Hammond, Joelle McWilliams, in proper person, for respondent in (2006-C-2204).


ON REHEARING

VICTORY, J.

We granted a rehearing application in this concursus proceeding to reconsider our opinion on original hearing overruling Johnson v. Wetherspoon, 96-0744 (La.5/20/97), 694 So.2d 203, and holding that a former spouse is not entitled to her community property interest in survivor benefits payable by a retirement plan owned by the former community. After considering the record and the applicable...

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