Cheney v. Metropolitan Life Insurance Co.

I respectfully dissent.

Under the majority opinion, the heirs of Julian and Marva Cheney will receive $39.15 — the premium deducted from Julian Cheney’s earnings for his work period end*575ing January 14, 1983,1 which was transferred by the Employer/State to the account of the South Dakota Public Employees Insurance System.2 Under my viewpoint, radically different from the majority, the Cheney heirs would receive $102,000 from Metropolitan Life Insurance Company.

RATIONALE I.

WARRANT DATE/PAYROLL DATE

In the 1966 Legislative Assembly, the insurance industry prevailed upon the Legislature, and were…