Pub. Employees' Retirement Sys. V. Porter

Docket Number:	1999-SA-01058-SCT

Supreme Court:	Opinion Date: 02-24-2000 Opinion Author: PRATHER, CHIEF JUSTICE Holding: AFFIRMED IN PART AND VACATED IN PART

Additional Case Information:	Judge(s) Concurring: SULLIVAN AND PITTMAN, P.JJ., BANKS, McRAE, SMITH, MILLS, WALLER AND COBB, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: State Boards and Agencies

Trial Court:	Date of Trial Judgment: 04-27-1999 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Hinds County Circuit Court held that Miss. Code Ann. § 25-11-114(2)(a) "unconstitutionally deprived Thomas Gaines of his right to direct the distribution of his property during his lifetime and at his death. The circuit court then declared the statute, as applied in all circumstances, to be unconstitutional "insofar as such statute defeats or diminishes the right of a PERS participant to designate a named beneficiary for accumulated benefits at death."

	Party Name:	Attorney Name:
Appellant:	PUBLIC EMPLOYEES' RETIREMENT SYSTEM	MARY MARGARET BOWERS

Appellee:	LOLA PORTER	FRANK J. CAMPBELL

Mississippi College School of Law