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Officer's pension denied to partner
By AMY HERDY, Times Staff Writer TAMPA -- After hours of emotional testimony, it took a city pension board only minutes Tuesday to deny Mickie Mashburn the pension benefits of slain Tampa police Officer Lois Marrero, her longtime domestic partner. The 7-1 vote capped a long afternoon that brought some onlookers to tears, but prompted at least one board member to fall asleep and the board's attorney to pass a note commenting on the repetitive testimony of the witnesses. Mashburn's attorneys said they were "shocked" by the attitude of the board and vowed to appeal its decision. "The lack of discussion (by the board) was mind-boggling," said Karen Doering, Mashburn's attorney. "I can't help but wonder if we were arguing to a rigged jury. ... The indifference of the board members was chilling." Tuesday's hearing was the first time the board has faced a death benefit claim involving a same-sex couple. Doering said she would appeal the decision to a state court "as soon as possible." Mashburn appeared drained as she stood before a crush of media afterward.
The hearing was an appeal of an Aug. 28 decision by the firefighter and police pension board, which unanimously rejected Mashburn's application for Marrero's pension death benefits. Marrero, a Tampa police officer killed by a fleeing bank robber in July, was paid $55,000 a year. She did not leave a will. Mashburn was seeking a $28,000 a year benefit paid to a surviving spouse. Doering and attorney Shannon Minter called more than a half-dozen witnesses Tuesday to testify that Marrero and Mashburn, who also is a Tampa police officer, lived as spouses, and that Marrero would have wanted Mashburn to have her pension. Mashburn "was the most important thing to Lois," said Marilyn Lee, a fellow Tampa police officer who said she knew the couple for several years. Had Marrero been given a choice as to who to leave her pension, Lee said, "It would have been Mickie." Because the state Legislature passed a law in 1999 saying pension members could choose their beneficiary, Doering said the city and the board were remiss in not allowing officers that option by the state's deadline of July 1, 2000. It was not until July 3, 2001, that the city approved the ordinance. Marrero was killed three days later, before she had a chance to change her forms, Doering said. "This is the type of bureaucratic mistake that happens," Doering said. "Yet this mistake had a tragic consequence. Lois Marrero died without being able to exercise her right." With no surviving spouse, any contributions Marrero made to the pension would go to the estate, in this case, Marrero's parents. Marrero's contributions to the pension plan are valued at $50,000. An attorney for the estate said the testimony was "one-sided." "There were a lot of things that we knew were false," said Marty Bubley, who sat next to Marrero's sister, Brenda Marrero, during the hearing. "All it came down to was the opinion of those people -- pure speculation." Bubley said Marrero had three opportunities to name Mashburn as a beneficiary: two life insurance policies and her deferred compensation plan. But she named her mother in all three. The decision disappointed Nadine Smith of Equality Florida, a gay rights organization. She said board members were afraid to vote against the opinion of pension board attorney James Loper, who presented arguments against Mashburn's case during the hearing. "I don't think it's right or fair, but they won't go against their attorney," Smith said. Brenda Marrero said the situation was difficult for everyone. "It was painful to lose Lois," Brenda Marrero said, "and painful to watch this conflict. All those people were hurting." -- Amy Herdy can be reached at (813) 226-3386 or herdy@sptimes.com.
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