A Hillsborough judge upheld a decision to give death benefits to a slain officer's parents.
By GRAHAM BRINK
Published April 17, 2004
TAMPA - A judge has upheld a decision to deny death benefits to the domestic partner of a slain police officer.
In an 11-page order, Hillsborough Circuit Judge Gregory Holder confirmed a decision by the Tampa Fire & Police Pension Board not to award the benefits to Mickie Mashburn, the longtime partner of Officer Lois Marrero.
After Marrero was gunned down in July 2001 by a fleeing bank robber, Mashburn argued she was entitled to the $28,000-a-year benefit paid to a surviving spouse. Marrero left no will, and the benefits were awarded to Marrero's parents.
"We are obviously deeply saddened by this ruling," said Mashburn's attorney, Karen Doering. "I think we had a strong legal argument."
The pension board denied Mashburn's request in 2002. Doering argued at the hearing that the state Legislature passed a law in 1999 saying pension members could choose their beneficiary. The city and the board were remiss in not allowing officers that option by the state's deadline of July 1, 2000, she stated.
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.
A lawyer for Marrero's estate said after the hearing that Marrero had three opportunities to name Mashburn as a beneficiary - two life insurance policies and her deferred compensation plan. Instead, she named her mother in all three.
With no surviving spouse, the contributions Marrero made to the pension went to the estate, in this case, Marrero's parents. Marrero's contributions to the pension plan were valued at about $50,000.
The hearing was the first time the board has faced a death benefit claim involving a same-sex couple.
"It's ironic, indeed, that Mickie is denied Lois' pension benefits while at the same time remains responsible for the financial debts that Lois incurred during her lifetime," Doering said Friday. She would not give any further details about the nature of the debts.
Doering said she was reviewing the legal options, which could include an appeal.
"It's an unusual area of the law," she said. "We'll have to see where to go from here."
Last month, Tampa Mayor Pam Iorio signed an executive order extending health benefits to unmarried domestic partners of city employees, including same-sex couples.
Iorio said the decision was the fulfillment of a campaign promise stemming from Marrero's death and the resulting debate over benefits. Iorio's order does not extend to pension benefits, which are set by state law.
