Custer v. Custer

OPINION

ANDERSON, Judge.

Southern Electric Retirement Fund (“Fund”), appeals the Chancellor’s judgment ordering payment of one-half of the husband’s pension to the wife.

Kenneth Wayne Custer, aged 32, and Sylvia Angela Custer were divorced on July 30, 1987. The divorce decree approved a property settlement agreement which awarded $11,236.55 of the husband’s pension to the wife. When Fund refused to disburse the money, the wife filed a petition to show cause.

Fund moved to dismiss the petition to show, cause, on grounds the Employee Retirement Income Security Act (“ERISA”) prohibited distribution…