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Widower Wrongfully Denied Husband's Pension, 9th Circ. Says

Law360 (May 17, 2019, 10:34 PM EDT) -- The Ninth Circuit cleared the way for a widower to receive spousal pension benefits on Thursday, saying a lower court was wrong to deny him benefits on the grounds that the couple were domestic partners when the man’s late husband retired.

California law gives domestic partners the same rights as spouses, so San Francisco television station KRON-TV’s pension plan should have granted David Reed’s application for spousal benefits after Donald Gardner's 2014 death, a unanimous Ninth Circuit panel wrote in an unpublished memorandum opinion.

“Because Reed and Gardner were domestic partners at the time of Gardner’s retirement, the committee should have...

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Case Title

Subscribers Only

Case Number

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Court

Appellate - 9th Circuit

Nature of Suit

3791 Employee Retirement

Date Filed

October 24, 2017

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