David died in 2007 at age 58. In addition to his wife, he also had a son, 12 years old at the time. The Journal Sentinel reports that there wouldn’t be an argument on whether Jo Ann would receive the pension if her husband had died at 60, which would have been his retirement age.
When Jo Ann tried to obtain the pension, the County Pension Board ruled that she would not receive the monthly pension benefit because her husband died before he could have collected one. The board added, she couldn’t obtain payments because David had never applied for the benefit in the first place.
Jo Ann’s attorney plans on using the county’s rules to carve a legal rationale for paying her a monthly pension check.