Thursday, December 2, 2010

Partner Of Missouri State Police Officer Killed In Line Of Duty Forced To Sue For Survivor’s Benefit

The partner of Missouri police officer killed in the line of duty in December is suing for benefits denied him because under the American Defense of Marriage Act, the two were prohibited from marrying, KTVI reporting that the American Civil Liberties Union filed the suit Thursday. Corporal Dennis Engelhard was struck and killed by a vehicle on Christmas Day, 2009 while investigating an accident on Interstate 44 in Eureka. Under Missouri law, spouses of employees killed on duty are entitled to an annuity of 50-percent of the employee’s average salary. However, Kelly Glossip, Engelhard’s partner, has no legal right to the survivor benefit, even though he was named on as beneficiary on other assets. Glossip, who points out that Engelhard gave his life protecting the people of the state, says “We were a family and Dennis and I supported each other like any other married couple. We would have gotten married ourselves if only Missouri law would have allowed it.” He also says that he is not pursuing legal action in the hope of changing any laws, but “We are simply asking for an alternative pathway to a benefit for those left behind when someone is killed in service to the state.” The State Highway Patrol Retirement System issued a statement that reads in part “The decision to deny Mr. Glossip's application for survivor benefits by the (fund's) executive director and the board of trustees simply reflects the requirements of state law. (Our) action is an administrative formality and the ultimate test of the law will rest with the courts"

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