HomeMy WebLinkAbout1995-05-25 - Agendas - Final•
AGENDA
FIREMEN'S PENSION AND RELIEF BOARD
May 25, 1995
11:00 a.m.
City Hall Room 326
1. Approval of the minutes of April 27 and May 5, 1995.
2. Approval of Pension List for June, 1995
3. Old Business
4 New Business
• A. Investment Report, Merrill Lynch
•
5. Adjournment
•
•
•
MINUTES OF A MEETING OF THE FIRE PENSION BOARD
A meeting of the Fayetteville Firemen's Pension and Relief Board
was held on Thursday, April 27, 1995, at 11:00 a.m. in room 313
of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
PRESENT: Marion Doss, Pete Reagan, Ron Wood, Darrell Judy,
Howard Boudrey, Mayor Fred Hanna, City Clerk/Treasurer
Traci Paul, and Fire Chief Mickey Jackson
CALL TO ORDER
Mayor Hanna called the meeting
MINUTES
Reagan, seconded by
of March 30, 1995.
PENSION LIST
to order.
Boudrey, made a motion to approve the minutes
The motion passed unanimously.
In answer to a question from Mayor Hanna, Paul stated there were
no changes in the pension list.
Boudrey, seconded by Doss, made a motion to approve the pension
list for May, 1995. The motion passed unanimously.
OLD BUSINESS
Paul
PENSION AFFIDAVITS
stated that all pension affidavits had been mailed
PAYMENT TO JONES JONES & HARDIN
Paul stated that
Jones, Jones and
Plan.
back in.
a check in the amount of $1,443.61 was mailed to
Hardin on April 4, 1995 for services on the DROP
DROP PLAN
In answer to a question from Doss, Reagan stated it would be 60
to 90 days before information would be available on the DROP
Plan.
NEW BUSINESS
INVESTMENT REPORT
The Board reviewed a summary of the portfolio performance as
March 28, 1995. A Merrill Lynch representative could not be
present.
of
April 27, 1995
In answer to a question from Mayor Hanna, Reagan stated he was
comfortable with the investment portfolio right now.
Reagan stated that New Mexico Capital has increased to 4.06% and
the Income Account has increased to 5.25%. Bonds have increased
from -7.70% in December of 1994 to 6.26% in March.
Reagan stated that Richard Yada would be present at the May
meeting.
ELECTION OF PENSION BOARD MEMBERS
Reagan stated there are two positions up for election. The
position currently being held by Ron Wood and the retiree
position currently being held by Howard Boudrey are both up for
election. Notices could be mailed out to retirees with their
checks.
In answer to a question from Mayor Hanna, Reagan explained that
nomination forms can be mailed out with payroll checks and then
returned.
Discussion ensued regarding the amount of time
nomination process.
In answer to a question from Doss, Paul stated
could be mailed out before checks are mailed.
needed for the
nomination forms
Mayor Hanna reminded the Board that a person holding a board
position usually stays until a replacement is made.
Reagan stated that in the past, nomination forms have been mailed
with checks.
Reagan suggested the nominations be returned by the next meeting
on May 25.
STATE STATUTES
Reagan stated there have been changes in some State Statutes.
Copies will be available at a later date.
ADJOURNMENT
The meeting adjourned at 11:20 a.m.
MINUTES OF A MEETING OF THE FIRE PENSION BOARD
A special meeting of the Fayetteville Firemen's Pension and
Relief Board was held on Friday, May 5, 1995, at 11:00 a.m. in
room 313 of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
PRESENT: Marion Doss, Pete Reagan, Ron Wood, Darrell Judy,
Howard Boudrey, Mayor Fred Hanna, City Clerk/Treasurer
Traci Paul, and Fire Chief Mickey Jackson
CALL TO ORDER
Mayor Hanna called the meeting to order.
CHARLIE JORDAN - RETIREMENT
Reagan explained that Fire Chief Mickey Jackson had prepared a
memo regarding Jordan's time. Everything seems to be in order.
Jordan had 24 years, 8 months and 20 days of credited service
with the Fire Department. His base salary is $2,224.33 per
month. He is allowed $80.00 extra per month for the four years
he served past 20. Jordan's total pension per month will be
$1,192.17.
Reagan, seconded by Wood, made a motion to add Charlie Jordan to
the Fayetteville Firemen's Pension Relief Fund pension list. The
motion passed unanimously.
OTHER BUSINESS
PENSION INCREASE
Reagan stated he attended the Pension Review Board meeting on May
3. Reagan explained that there will be an increase in minimums
for full pay retirees from $250 to $350 per month. There will be
an increase for volunteers from $30 to $50 per month. The
information will be available at the next meeting.
Doss stated that six volunteers would be affected. It will bring
their pay up to $50.00.
ROGER LEWIS - PENSION OUESTION
Reagan forwarded to the Board a question from retiree Roger
Lewis.
In a divorce decree, Marvie Lewis was awarded half of Roger
Lewis' pension benefit. Roger Lewis wants to know if Marvie
Lewis would still receive half of his pension benefit if he were
to pass away. What if she was remarried? Would his new wife
receive any benefits?
•
•
•
May 5, 1995
Reagan suggested the Board ask for an opinion from the City
Attorney.
Doss explained that Lewis suspects that Marvie Lewis has
remarried.
In answer to a question from Doss, Reagan stated the decision to
split the pension payment was made by a court decree.
Doss asked if the minutes of the Fire Pension Board could be
researched in hopes of locating a copy of the court decree or
other documentation on the issue.
Hanna stated the City Attorney could give an opinion on what
would happen to Lewis' benefits should he die.
ADJOURNMENT
The meeting adjourned at 11:20 a.m.
FIREMEN'S RELIEF AND PENSION FUND
JUNE 1995
TRACI PAUL, TREASURER
•THE FOLLOWING ARE THE OBLIGATIONS OF THE FIREMEN'S RELIEF FUND FOR THE
MONTH OF JUNE 1995. YOU ARE HEREBY INSTRUCTED TO ISSUE CHECKS TO THE
PAYEES, IN THE AMOUNTS SHOWN, AND FOR THE PURPOSE SO STATED.
•
•
EMP# NAME
43 BAIRD, RICHARD H.
1 BARNES, ELIZABETH
2 BLACKARD, PAUL
63 BOLAIN, ANN
44 BOUDREY, BETTY MRS.
45 BOUDREY, HOWARD
49 BOUDREY, JACK
4 CARL, FLOYD JR
5 CASELMAN, ARTHUR
57 CATE, ROY
6 CHRISTIE, ARNOLD
7 COLE EVERETT
8 COUNTS, WAYNE
61 DAVIS, BEULAH F.
10 DEARING, EMMA MRS.
11 FARRAR, ALONZO
38 FRALEY, JOSEPH G.
33 HARRIS, BILL C.
34 HARRIS, JAMES E.
64 JORDAN, CHARLIE
47 JUDY, DARRELL
37 KING, ARNOLD D
54 KING, ARVIL
12 LANE, HOPE MRS
13 LAYER, MERLIN
14 LEE, HAROLD
51 LEWIS, CHARLES
60 LEWIS, MARVIE
55 LEWIS, ROGER
40 LOGUE, PAUL D.
50 MASON, LARRY
39 MC ARTHUR, RONALD A.
35 MC CHRISTIAN, DWAYNE
15 MC WHORTER, CHARLES
29 MILLER, DONALD
42 MOORE, JAMES H.
17 MORRIS, WILKIE MRS.
16 MORRIS, WIWAM H.
62 MORRISON, EUENE
48 MULLENS, DENNIS W.
58 OSBURN, EDWARD
46 OSBURN, TROY
53 POAGE, LARRY
20 POLLY, GRACE A. MRS.
22 REED, JOE
30 SCHADER, EARVEL
41 SCHADER, TROY
23 SKELTON, BURL L.
24 SKELTON, LEE
56 SKELTON, ROY
36 SPRINGSTON, CARL
25 STOUT, ORVILLE
GROSS
FED. TAX ST. TAX NET
91620 100.00
45.00
55.00
55.00
1,266.21 66.21
1,066.66
837 68 287 68
45.00
75.00
909.50
45.00
375.00 32.50
55.00
377.50
50.00
707.84
953.38 100.00
55.00
55.00
1,192.17
837 68
828.42 100.00
1,131.00 130.00
45.00
417.50
55.00
837.68
439.16
439.17
1,469.38 175 00
829 35 29.35
891.62 100.00
55.00 30.00
885.14 50.00
863.01 125.00
55.00
45.00
60.00
70.00
1,114.11
1,284.63 160.00
965.81 65.81
1,20198 200.00
45.00
55.00
915.78
783.74 20.00
692.50 42.50
390.00
1,626.02 126.02
609.88
590.36 50.00
816.20
45.00
55.00
55.00
1,200.00
1,066.66
50.00 500.00
45.00
75.00
909.50
45.00
342.50
55.00
377.50
50.00
707.84
10.00 843.38
55.00
55.00
1,192.17
837.68
10.00 718.42
1,001.00
45.00
417.50
55.00
837.68
439.16
439.17
20.00 1,274.38
800.00
791 62
25.00
835.14
738.01
55.00
45.00
60.00
70.00
1,114.11
1,124.63
900.00
30.00 971.98
45.00
55.00
915.78
763.74
650.00
390.00
50.00 1,450.00
609.88
540.36
27 TUNE, MILDRED MRS.
26 TUNE, JESS
28 WATTS, DONALD
59 WATTS, WAYNE
52 WRIGHT, RANDALL
70.00
70.00
400.00
921.17
877.68
96.17
150.00
70.00
70.00
400.00
825.00
727.68
32,004.91 2,236.24 170.00 29,598.67
WE, THE UNDERSIGNED, DO SOLEMNLY SWEAR THAT THE ABOVE OBLIGATIONS ARE
JUST AND CORRECT; THAT NO PART THEREOF HAS BEEN PREVIOUSLY PAID; THAT
THE PENSION PAYMENTS SO CHARGED ARE IN ACCORDANCE WITH THE ACTIONS OF
THE BOARD OF TRUSTEES OF THE FIREMEN'S RELIEF AND PENSION FUND; THAT
THE SERVICES OR SUPPLIES FURNISHED, AS THE CASE MAY BE, WERE ACTUALLY
RENDERED OR FURNISHED; AND THAT THE CHARGES MADE THEREFORE DO NOT
EXCEED THE AMOUNT ALLOWED BY LAW OR THE CUSTOMARY CHARGE FOR SIMILAR
SERVICES OR SUPPLIES.
iLbt 1471144
S R TARRY CHAIRM DENT
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON) )SS
• SWORN TO AND SUBSCRIBED BEFORE ME THISSMDAY OF , 1995.
/L„,9 f 2/t»
NOTY PUBLIC
MY COMMISSION EXPIRES: 3-/- os-
FAYETTEVI LLE
-iNE CITY OF FAYETTEVILLE, ARKANSAS TRACI PAUL, CITY CLERK
•
•
TO: Fire Pension Retirees
FROM: Traci Paul, City Clerk/Treasurer
DATE: May 8, 1995
SUBJECT: FIRE PENSION BOARD ELECTION
Tr
There is a retired member position up for election on the
Firemen's Pension Board. This position has a two year term
beginning in May of 1995 and ending May 1, 1997. The position is
currently being held by Howard Boudrey who was appointed to fill
the unexpired term of Richard Baird in September of 1994. The
Board is accepting nominations for a retired member to serve this
term. Please submit any nominations to the City Clerk's Office
by Friday, May 19. If you have any questions, please feel free
to call. Thanks.
113 WEST MOUNTAIN 72701 501 5765323
FAYETTEVI LLE
E CITY OF FAYETTEYILLE, ARKANSAS TRACI PAUL, CITY CLERK
TO: Firemen's Pension Board Members
FROM: Traci Paul, City Clerk/Treasurer Th
DATE: May 18, 1995
SUBJECT: Firemen's Pension Board Nomination
Retiree Randall Wright made a nomination over the telephone today
to reappoint Howard Boudrey to serve another term on the Firemen's
Pension Board.
113 WEST MOUNTAIN 72701 501 676-8323
1
FAYETTEVI LLE
.E CITY OF FAYETTEVILLE, ARKANSAS
TRACI PAUL, CITY CLERK
•
•
TO: Jerry Rose, City Attorney
FROM: Traci Paul, City Clerk
DATE: May 16,1 1995
SUBJECT. ROGER LENIS' PENSION BENEFITS
•
Please find attached a copy of the minutes from the May 5,
Firemen's Pension Board meeting and a copy of the divorce decree
of Roger and Marvie Lewis. As requested by the Board, please
advise as to who would receive benefits should Roger Lewis pass
away. Thank you.
attachments
113 WEST MOUNTAIN 72701 501 5754323
•
MINUTES OP A MEETING OP THE PIRE PENSION HOARD
A special meeting of the Fayetteville Firemen's Pension and
Relief Board was held on Friday, May 5, 1995, at 11:00 a.m. in
room 313 of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
PRESENT: Marion Doss, Pete Reagan, Ron Wood, Darrell Judy,
Howard Boudrey, Mayor. Fred Hanna, City Clerk/Treasurer
Traci Paul, and Fire Chief Mickey Jackson
CALL TO ORDER • ' ,
Mayor Hanna called the meeting to order.
CHARLIE JORDAN - RETIREMENT
Reagan explained that Fire Chief Mickey Jackson had prepared a
memo regarding Jordan's time. Everything seems to be in order.
Jordan had 24 years, 8 months and 20 days of credited service
with the Fire Department. His base salary is $2,224.33 per
month. He is allowed $80.00 extra per month for the four years
he served past 20. Jordan's total pension per month will be
$1,192.17.
• Reagan, seconded by Wood, made a motion to add Charlie Jordan to
the Fayetteville Firemen's Pension Relief Fund pension list. The
motion passed unanimously.
•
OTHER BUSINESS
PENSION INCREASE
Reagan stated he attended the Pension Review Board meeting on May
3. Reagan explained that there will be an increase in minimums
for full pay retirees from $250 to $350 per month. There will be
an increase for volunteers from $30 to $50 per month. The
information will be available at the next meeting.
Doss stated that six volunteers would be affected. It will bring
their pay up to $50.00.
ROGER LEWIS - PENSION QUESTION
Reagan forwarded to the Board a question from retiree Roger
Lewis.
In a divorce decree, Marvie Lewis was awarded half of Roger
Lewis' pension benefit. Roger Lewis wants to know if Marvie
Lewis would still receive half of his pension benefit if he were
to pass away. What if she was remarried? Would his new wife
receive any benefits?
4
•
•
•
May 5, 1995
Reagan suggested the Board ask for an opinion from the City
Attorney.
Doss explained that Lewis suspects that Marvie Lewis has
remarried.
In answer to a question from DosS, Reagan stated the decision to
split the pension payment was made by a court decree.
Doss asked if the minutes of sthe Fire Pension Board could be
researched in hopes of locating a copy of the court decree or
other documentatioh on the issue.
Hanna stated the City Attorney could give an opinion on what
would happen to Lewis' benefits should he die.
ADJOURNMENT
The meeting adjourned at 11:20 a.m.
•
•
DOUG NORWOOD
HOLLY L. SMITH, +'
+ Also Admitted in Oklahoma
Also Admitted in Missouri
•ALsoaCPA
•
•
NORWOOD & SMITH, PA.
ATTORNEYS AT LAW
&SR/1)0
141.i ; 5 1991
;TS itNNEL DIVISION
July 24,1991
City of k- Fire Department
RE: Len R. Lewis
Reply To:
1 P.O. Box 7000
Springdale, AR 72766
(501) 361-2121
❑ 205 W. EIm St.
Rogers, AR 72756
(501) 636-1262
To Whom it May Concern:
Enclosed you will find a copy of a Divorce Decree filed
in Washington County on July 10, 1991. Please note that the
Property Division gives my client, Marvie Lewis, 1/2 of Mr.
Lewis' pension. My client would like that mailed directly to
her at P.O. Box 295, Elkins, AR 72727. If you have any
questions, or need any further information, please do not
hesitate to let me know.
cc: Marvie Lewis
lewis.out
Very incerely Yours,
Holly W Smith
1
1
•
IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS
FAYETTEVILLE, ARKANSAS
MARVIE LEWIS,
VS.
LEN R. LEWIS,
CASE -NO. r— I( 0
On this j 41r -day of
DECREE
•
•
•
PLAINTIFF
DEFENDANT
1 1991,
this cause comes on to be heard. The Plaintiff, Marvie Lewis,
having appeared in person and with an attorney, and the
Defendant appearing not; and the cause was submitted to the
Court on the Plaintiff's Complaint, and the evidence presented
at the hearing including the corraborating'testimony of
I (KA\ I Jsn , from all of which the Court,
• being well and sufficiently advised in the premises, finds
and orders as follows:
•
•
7. JURISDICTION: That the Court has jurisdiction over
the parties and the subject matter of this action.
8. DIVORCE: That the allegations and materials
contained in the Plaintiff's Petition are true and that
Plaintiff is entitled to an absolute divorce on the grounds
set out therein.
9. NO CHILDREN: That no children, still minors, were
born of the marriage and none are expected.
10. PROPERTY DIVISION: That Plaintiff and Defendant
are owners of real and/or personal property which shall be
divided as follows:
CO
plaintiff: The Plaintiff is awarded the following as
• Plaintiff's sole and separate property, and the Defendant is
•
•
divested of all right, title, interest and claim in and to
such property:
(a) Clothes and personal possessions
(b) As shown in Exhibit A, which is attached hereto and
by reference incorporated herein.
Defendatti/ The Defendant is awarded the following as
Defendant's sole and separate property, and the Plaintiff is
divested of all right, title, interest and claim in and to
such property:
(a) Clothes and personal possessions
(b) As shown in Exhibit A, which is attached hereto and
by reference incorporated herein.
11. DEBTS DIVISION: That there are certain debts of the
parties which shall be paid as follows:
Plaintiff: The Plaintiff will pay, as part of the
division of the estate of the parties, the following debts and
obligations and shall indemnify and hold Defendant and
Defendant's property harmless from any failure to so discharge
these debts and obligations:
(a) Any and all debts incurred solely by the Plaintiff
from and after 5/2/91, unless express provision is made herein
to the contrary.
(b) All debts secured by the property awarded to the
Plaintiff herein, unless express provision is made herein to
the contrary.
-
Defendant: The Defendant will pay, as part of the
division of the estate of the parties, the following debts and
obligations and shall indemnify and hold Plaintiff and
Plaintiff's property harmless from any failure to so discharge
these debts and obligations:
(a) Any and all debts incurred solely by the Defendant
from and after,5/2/91, unless express provision is made herein
to the contrary.
(b) All debts secured by the property awarded to the
Defendant herein, unless express provision is made herein to
the contrary.
12. DIVISION OF UNDISCLOSED LIABILITIES: As a part of
the division of the estate of the parties, that any community
liability not expressly assumed by a party under this Decree
is to be paid by the party incurring the liability.
13. COURT COSTS: All costs of Court expended in this
cause are to be taxed against the party incurring the cost.
IT IS SO ORDERED.
AGREED:S
Ti- /ilzu,u,
t La y
MARVIE LEWI
LEN R. LEWIS
•
•
•
•
i
APPROip S7TO FOR AND CONTENT:
Attdrney f{ PYaintiff
Attorney for Defendant or Defendant
PREPARED BY: NORWQOD Et -SMITH, P. A.
Attorneys at Law
205 W. Elm'St.
Rogers, AR 72756
,x(501) 636-1262
P. O..Box 7000
Springdale, AR 72766
(501) 361-2121
•
f
PROPERTY TO BE RETAINED BY THE PLAINTIFF:
(a) House on Harris Drive, more particularly described as:
Part of the Southwest Quarter (SW1/4)•Of the Northeast Quarter
(NE1/4) of Section Twenty-seven (27), Township Sixteen (16)
North, Range Twenty-nine (29) West of the 5th P.M., and being
more particularly described as follows, to -wit: Beginning at
the Southeast corner of thO said 40 acre tract; thence South
89 degrees 48'50' West 660 feet; thence North 661.51 feet;
thence North ,89 degress 44'01" East 660 feet, thence South 660
feet to the paint of beginning, containing 20.01 acres, more
or less.
(b) All the contents of the house on Harris Drive.
(c) Lawn Mower and Tiller. •
(d) Plaintiff's Wal-Mart stock.
(e) 1/2 of the C.D.
(f) 1/2 of Defendant's pension from the fire department.
(g) automobile.
(h) Arkansas Lot, more particularly described as:
• Lot 70, Block IV, Moulder Hollow Subdivision of the Lost
Bridge Village Development, as shown on the map of plat
thereof in Volume 9, Page 121 of the Plat Records of Benton
County, Arkansas.
•
PROPERTY TO BE RETAINED BY DEFENDANT:
(a) Farm in Madison County, more particularly described as:
(See attached exhibit B which is attached hereto and by
reference incorporated within.)
(b) All farm equipment
(c) All cattle
(d) Defendant's Wal-Mart stock
(e) truck
(f) 2 chan saws
(f) Defendant's tools
(g) 1/2 of C.D.
(h) Oklahoma Lot, more particularly described as:
Lot 6, DRIPPING SPRINGS ADDITION, Delaware County, State of
Oklahoma.
(i) 1/2 of the amount (if any) that the net sales price for
the house on Harris Drive exceeds $61,000.00 (net after all
closing costs and costs of sales and real estate commission).
Said sale of the house must take place within one year or this
paragraph (i) becomes null and void.
EXHIBIT B
A part of the Southwest -Quarter of the Northeast Quarter (SWC NE');
a part of the Southeast Quarter of the Northeast Quarter (SES NE%);
a part of the Northeast QuartF.of the Northeast Quarter (NES NES);
of Section 14, .anda part of the Northwest Quarter of the Northwest
Quarter (NWS NWk).and the Southwest Quarter of the Northwest Quarter
(SW% NW's) in Section 13, all in Township 15 North, Range 27 West.
Described as beginning at the Northeast corner of the said SWC NWS
Section 13, thence along the East line thereof, S. 00-16-05 W. 1325.45
feet; thence N 89-42-28 W. 1312.85 feet; thence N 00-06-17 E 86.31
feet to a rock wall; thence along said rock wall, N 79-47-23 W 96.73
• feet, N 50-31-39 W 204.70 feet, N 64-02-18 W 244.43 feet, S 76-21-28
W. 135.92 feet, S 72-20-13 W 133.02 feet, S 67-44-48 W 69.58 feet;
S 55-39-38 W. 85.94 feet; thence 5 72-07-58 W 265.97 feet, along a
fence to the centerline of Drake's Creek; thence along said centerline
N 71-45-42 W. 432.06 feet, N 08-59-11 W. 396.41 feet; along centerline
of Highway #29S; thence leaving said Highway and along said center-
line of draw N 49-24-30 E. 665.07 feet, N 40-33-56 E 92.99 feet, N
60-51-00 E. 135.31 feet, to a fence; thence leaving said draw and
along said fence N 39-36-23 W. 161.50 feet, N 30-46-15 W 99.58 feet,
S 89-55-21 E 1122.84 feet to an existing stone; thence leaving said
fence, S 32-59-19 W. 106.08 feet, to the North line of the said SWC
of the NWS Section 13, thence along said North line S 89-37-42 E
1316.64 feet, to the point of beginning, containing 7`W4 acres,
more or less, Madison County, Arkansas.
111 Of FAYETTEVILLE, ARKANSAS
j'1"1'lt\ 1 LLE
August 26, 1991
Ms. Marvie Lewis
245 Happy Hcllow.Road
Fayetteville, AR flPO1
Dear Ms. Lewis:
•
Correspondence has been received from Norwood and Smith Law
Offices requesting that one-half of Roger Lewis' pension be sent
to you. Before any pension distribution can be mailed to you, a
Form W -4P must be on file with this office.
Please complete the enclosed Form W -4P and return it to this
office. An envelope has been provided for your'convenience.
If you have any questions, please call me at 575-8298.
• Thank you for your help.
Sincerely,
Marilyn J. 6ramer
Accounting Manager
113 WEST MOUNTAIN 72701 S01 521.7700
AIL
F A Y E T T E V Jr L L E
LEGAL DEPARTMENT
CITY ATTORNEY DIVISION
DEPARTMENTAL CORRESPONDENCE
Jerry E. Rose
LaGayle D. McCarty
575-8313
•
•
TO: Traci Paul, City Clerk
FROM: Jerry E. Rose
DATE: May 22, 1995
RE: Roger Lewis' Pension Benefits
Thank you for your memo dated May 16, 1995 in which you
request an opinion regarding Mr. Roger Lewis' Benefits. I was
given the following facts and assume them to be true:
1. Mr. Lewis is a retiree receiving retirement
benefits from the Fayetteville Fireman's
Pension Relief Fund.
2. Mr. Lewis is divorced from Marvie Lewis.
3. Under the terms of that divorce Marvie Lewis
was awarded half of Roger Lewis' pension
benefit and receives that amount from the City
currently.
The Fire Pension Board requests the answer to the following
questions:
1. Does Marvie Lewis continue to receive one-half
of Roger's benefits after Roger dies?
2. Does Marvie Lewis continue to receive the
benefits if she should remarry.
3. is Roger's present wife entitled to any
benefit?
4. What happens to Roger Lewis' benefits upon his
death?
It is important to remember that I act as attorney for the
Fire Pension Board and I cannot by law give private legal advice.
Much of this question is a private legal matter between Mr. Lewis
and the court. Other matters may become a private legal matter for
the probate courts to determine upon the death of Mr. Lewis. The
City's view is a rather narrow one in which we simply determine Mr.
Page 2
• Memo: Traci Paul
May 22, 1995
•
•
Lewis' eligibility and distribute his benefits in a manner
prescribed by state and/or as directed by the courts. I would
highly recommend that Mr. Lewis seek the advice of his own attorney
as to the distribution of his pension both currently and upon his
death.
From this prespective and with the above admonition I would answer
these questions as follows:
1. Does Marvie Lewis continue to receive one-half
of Roger's benefits after Roger dies?
No, not under the Arkansas statutes. Retirement benefits
cease after the death of the retiree and, accordingly
there is nothing for her to receive. The death benefits
received by a retirant under A.C.A.§24-11-822 are
normally distributed as set forth in that statute. The
only way I can think of that Marvie Lewis may receive a
portion of that death benefit is if Roger left it to her
in his will or if a court ordered the distribution. Mr.
Lewis needs to consult an attorney to determine if the
divorce court has ordered such a distribution or if he
needs to seek a court order clarifying the issue.
2. Does Marvie Lewis continue to receive the
benefits if she should remarry?
It depends upon the terms of the divorce decree. Mr.
Lewis needs to consult his attorney to determine that and
decide if he needs to seek to modify the decree. As it
stands now it appears the divorce decree is silent as to
consequences of a remarriage and treats the benefits as
a division of property.
3. Is Roger's present wife entitled to any
benefit?
It depends on the divorce decree somewhat. It looks as
if she would normally receive death benefits as outlined
in A.C.A.§24-11-822.
4. What happens to Roger Lewis' benefits upon his
death?
The distribution of death benefits are set out in
A.C.A.§24-11-822. Essentially the benefits become a part
of the estate of the retirant. That would control unless
Page 3
Memo: Traci Paul
May 22, 1995
modified by a court order such as a divorce decree. Mr.
Lewis needs to consult with his attorney regarding this
as well.
From the point of view of the Firemen's Pension Fund I
would not feel confortable discontinuing benefits to
Marvie Lewis without a court order directing us to.
Similarly I would not feel comfortable paying death
benefits to Marvie Lewis without court direction.
If I may provide you with any further information, just let
me know.
JER/cbp
Attachment
•
•
•
FAYETTEVILLE FIRE DEPT PENSION AND RELIEF FUND
PORTFOLIO PERFORMANCE 12/31/94 TO 04/30/95
NM CAPITAL MANAGEMENT
INCOME ACCOUNT
12/31/94 04/30/95
$4,240,646 $4,559,872
3,260,081 3,442,417
12/31/94 04/30/95
3 - MONTHS TREASURY BILLS + 4.19 + 1.97
DJIA W/DIV REINVESTED + 4.99 +13.72
S & P 500 W/DIV REINVEST + 1.30 +13.01
LONG TERM TREASURY BONDS - 7.70 + 8.16
H IGH GRADE CORP BONDS - 5.08 + 8.03
CPI (APR) + 2.75 + 1.14
NM CAPITAL (time wtd) + 1.27 + 7.67
INCOME RCCT(tirne wtd) - 2.44 + 7.10
W ITHDRAWALS:
03/10/95 $ 20,000.
04/11/95 25,000.