Legal Opinion
Cosby v. Cosby
Ohio Supreme Court
Decided August 28, 2002No. 2001-0659PublishedCited by 19 opinions
1Opinion of the CourtLundberg Stratton, J.
{¶ 1} The issue before us is whether a court may impose a constructive trust upon the State Teachers Retirement System (“STRS”) survivor benefits of a surviving spouse in favor of a former spouse who claims entitlement based on an award of retirement benefits in a divorce decree. We find that a constructive trust is an inappropriate remedy that is contrary to the statutory mandate of the STRS to pay survivor benefits to a qualified surviving spouse when no retirement benefits have vested. Consequently, we reverse the judgment of the court of appeals.
{¶ 2} In 1989, appellee Faye Cosby and…
2Cases cited4 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Ferguson v. OwensOhio Supreme Court · 1984
- Erb v. ErbOhio Supreme Court · 1996
- State ex rel. Horvath v. State Teachers Retirement BoardOhio Supreme Court · 1998
3Cited by19 opinions
- Federal Deposit Insurance v. Jeff Miller StablesCourt of Appeals for the Sixth Circuit · 2009
- Cosby v. CosbyOhio Supreme Court · 2002
- Thompson v. ThompsonOhio Court of Appeals · 2011
- State ex rel. Gill v. School Emps. Retirement Sys. of OhioOhio Supreme Court · 2009
- In Re StreetUnited States Bankruptcy Court, S.D. Ohio · 2008
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