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City and pension officials say the law is clear and their hands are tied. Now, a debate on domestic partners begins.
By SUSAN THURSTON
© St. Petersburg Times, published July 13, 2001
TAMPA -- Lois Marrero and Mickie Mashburn exchanged wedding vows 10 years ago and planned to grow old together.
They were as good as married, as far as they were concerned.
But not under Florida law.
Which means Mashburn isn't eligible for the pension that ordinarily would go to the spouse of a slain police officer, the chairman of the police pension board said.
Marrero's death at the hands of a bank robbery suspect has reignited a simmering debate over domestic partnership benefits.
Private companies, and even some government agencies, have offered benefits to domestic partners for years. But the state does not and neither does the city of Tampa.
Police Chief Bennie Holder presented a flag to Mashburn at Marrero's funeral Tuesday as if she were a grieving spouse. But there's nothing Holder can do about the pension.
At least one lawmaker is considering legislation to make Mashburn eligible for the pension, and Mashburn herself has hired an attorney to research the issue.
Pension officials are sympathetic.
"It's a sad situation," said police Detective Tom Singleton, chairman of the city police and fire pension fund. "I'm sure some activist groups feel it is discriminatory, but it goes toward the legal definition of a spouse."
While their sexual orientation prevents gays and lesbians from legally marrying in Florida, a man and a woman living together outside of marriage are not eligible for police pensions in Tampa either, Singleton said.
"I told Mickie it's not a same-sex partner thing. It's just how the law reads," Singleton said. "She understands. She's not bitter."
A surviving spouse receives 50 percent of a Tampa police officer's pay for life. Surviving children get up to 15 percent.
Mashburn, a police detective, hired lawyer Danny Castillo this week to field phone calls and assess a course of action. He plans to research the benefit issue once the shock of Marrero's death subsides.
"Just because state law doesn't recognize her doesn't mean there isn't any avenue for dealing with it," Castillo said. "We're going to do whatever is necessary to make sure she gets what she's entitled to."
Castillo said Mashburn, 48, needs time to mourn before focusing on the pension. He stressed, however, that Mashburn did not want to use Marrero's death for political gain.
"We're just exploring everything. Nothing is a sacred cow," he said. "Who's to say the law can't be changed?"
Changing the rules requires the police and fire unions to expand the definition of a spouse in their contracts. Union members would have to approve the change, and the Legislature must approve it.
Lawmakers could seek benefits for Mashburn because her partner was killed in the line of duty. State Rep. Bob Henriquez, D-Tampa, said Thursday his office has made some inquiries, but he needs more information about options.
"Politically, it's a very sticky situation," Henriquez said. "You want to be compassionate, but you don't want to treat this situation differently just because she was a police officer. There's some equity questions."
Bills establishing domestic partnerships were introduced in the Florida Legislature in 1999 and 2000 but died in committee. Henriquez said a tragedy like Marrero's death could make a difference next time.
Nadine Smith, executive director of Equality Florida, said her group hopes a domestic partnership bill will be introduced again next year. It's unfortunate Marrero's benefits are even up for debate, she said.
"This is the last thing that a lot of people want to think about right now," she said. "This makes the healing process more difficult because these issues are unresolved."
Smith remained hopeful for Mashburn. "What I'm hearing is that there is a lot of internal pressure from other police officers who want to do right by their colleague," she said.
Marrero listed her mother, Maria Marrero, as the beneficiary of a $50,000 life insurance policy and a $75,000 accidental death policy for officers killed in the line of duty, said Sarah Lang, Tampa's director of administration. The money Marrero contributed to her pension, estimated at $50,000, goes to her estate.
City Council member Bob Buckhorn said he believes the majority of police officers and city officials want Mashburn to receive a pension. "This is the first time we have had to deal with this, and we're still in a state of shock," he said. "It's a much bigger issue than this one tragic incident."
- Times staff writer Amy Herdy contributed to this report. Susan Thurston can be reached at (813) 226-3463.