Rice v. Garrison

The opinion of the court was delivered by

McFarland, J.:

This is a declaratory judgment action brought by the surviving spouse of a deceased state employee seeking a determination that she is the owner of certain pension benefits and life insurance proceeds, notwithstanding the fact the decedent’s former wife is the designated beneficiary thereof. The district court, on equitable principles of unjust enrichment, established a *143constructive trust in favor of the surviving spouse on the bulk of the proceeds. Alternatively, the district court held that the Kansas Public Employees Retirement System…