HUNTINGTON -- An employer has sued two Cabell County residents seeking to settle competing claims to retirement benefits.
Becker Mining America Inc. and SMC Electrical Products Inc. filed a lawsuit in Cabell Circuit Court against Jessica N. Jarvis and Gene P. Jarvis.
The complaint says Gene Jarvis was employed by SMC Electrical and while employed he accumulated $9,575.30 in his employer administered retirement plan. The plaintiffs state on April 7, 2011, Jessica Jarvis filed for divorce from Gene and under the terms of the Final Order, Jessica Jarvis was to receive half of the retirement plan. However, the order did not comply with federal law and as a result the plaintiffs did not assign Jessica Jarvis her portion of the retirement benefits, according to the complaint.
The plaintiffs are requesting the court to restrain the defendants from instituting any actions to recover the retirement funds, require the Family Court enter an appropriate Final Order, require the defendants to interplede and settle their rights to the money and discharge plaintiffs from all liability. The plaintiffs are being represented by Jason D. Bowles and Michael E. Estep of Jenkins Fenstermaker PLLC.Cabell Circuit Court Civil Action No. 14-C-35