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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1657 SEPTEMBER TERM, 1995 ___________________________________

DOUGLAS W. FULTZ et al.

v. ROBERTA SOUDER SHAFFER

___________________________________

Cathell, Harrell, Murphy, JJ. ___________________________________ Opinion by Cathell, J. ___________________________________

Filed:

August 29, 1996

In this case, we are asked to determine whether disability retirement benefits, received as a result of an injury occurring after the parties' divorce, were properly considered retirement benefits pursuant to a settlement agreement between the parties, which entitled the wife to share in a portion of her former husband's "pension and retirement benefits" if, as, and when paid to him. The trial court found that appellee, Roberta Shaffer, was

in fact entitled to receive a share of those disability benefits, despite the claim by her former husband, appellant, Douglas Fultz, that the settlement agreement did not encompass them. the trial court's judgment, asking: Whether the Trial Court erroneously awarded the former wife a marital share of the former husband's disability benefits paid as a result of injury and total disability occurring after the divorce. We are advised that, subsequent to taking this appeal, Douglas Fultz died; we are told that a suggestion of death has been, or will be, filed with this Court. We note that, because the He appealed

underlying case involves the classification of significant property rights, our disposition of this appeal will not abate as a result of Mr. Fultz's death. (1970). See Goldman v. Walker, 260 Md. 222, 224-25

- 2 Also at issue on appeal is a provision in the parties' settlement agreement that required Mr. Fultz to elect a 100% joint and survivor annuity in favor of Ms. Shaffer. Ms. Shaffer asked

the trial court to order her former husband to make that election. Montgomery County, which administers the retirement system at issue, disputed Mr. Fultz's ability to do so more than six years after the divorce. The County, also an appellant in the instant

appeal, is aggrieved by the trial court's order that the election be made and asks: A. Was the [trial] court authorized to award a 100% joint and survivor benefit to the former spouse? B. Did the [trial] court have a legal basis for overruling the administrative order below that the former spouse was ineligible for designation as a 100% joint and survivor beneficiary? We shall address each appellant's concerns in turn, following a recitation of the relevant facts. CHRONOLOGY OF THE CASE The parties were married in August of 1977, approximately three months after Mr. Fultz commenced employment as a Montgomery County police officer. marriage. He remained so employed throughout the

His status as a Montgomery County employee entitled him

to membership in the Montgomery County Employees' Retirement System (ERS), which was established "to maintain a system of retirement pay and benefits for [Montgomery County's] employees which is

- 3 adequately funded and insures employees sufficient income to enjoy during their retirement years." Montgomery County Code

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