West Virginia Record

Sunday, October 20, 2019

Pension fund sues former member's estate for reimbursement

Lawsuits

By Kyla Asbury | Aug 16, 2019


HUNTINGTON — A union pension fund is suing the co-administrators of the estate of a former union member for failure to reimburse pension benefits paid after her death.

The International Union of Operating Engineers-Local No. 132 Pension Fund filed the lawsuit against James W. Taylor and Ginger Marcella Kuhen, the co-administrators of the estate of Diana L. Taylor in U.S. District Court for Southern District of West Virginia.

The pension fund deposited pension benefits into Diana Taylor's account in February and March 2018 in the amount of $2,422.10 prior to its notification of her death and sent three letters to Kuhen reminding her that the benefits were payable only for Diana Taylor's lifetime and that Kuhen needed to reimburse the pension fund for the amount deposited after her death, according to the lawsuit.

The co-administrators refused to reimburse the pension fund, according to the suit.

The pension fund is seeking reimbursement in the amount of $2,422.10. It is represented by Lawrence B. Lowry of Barrett, Chafin, Lowry & Amos.

U.S. District Court for the Southern District of West Virginia case number: 3:19-cv-00511

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U.S. District Court for the Southern District of West Virginia Charleston Division

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