Banner Graphic, Volume 15, Number 127, Greencastle, Putnam County, 28 January 1985 — Page 3

Marriage becomes economic partnership under two new bills

INDIANAPOLIS <AP) The “yours” and “mine” of marital property would become “ours” in most cases under a pair of bills designed to make marriage an economic partnership for husbands and wives. But the sponsors of the House and Senate bills insist that adopting the Uniform Marital Property Act wouldn’t turn Indiana into a “community property” state where a couple’s property is split 50-50 upon divorce or death. “It’s a fairness issue,” explained Sen. Virginia Blankenbanker, R-Indianapolis, who is sponsoring Senate Bill 178. “Unless people out there know how to list their property or make wills, women especially can end up on the short end of the stick at the end of a nice long marriage as far as property is concerned. ” Carolyn Coukos, vice president and trust counsel of American Fletcher National Bank, said she became interested in the Uniform Marital Property Act after seeing the hardships suffered by surviving spouses. “It is legal in Indiana for one spouse to put all of the property of the marriage into a trust and disinherit the other spouse,” she said If a husband attempts to disinherit his wife in his will, Indiana law permits her to elect to go against the will and receive onethird of the husband’s estate, Ms. Coukas said. But if the husband put the property in trust and there is nothing that passes by will, the wife is out of luck, she added. The Uniform Law Commissioners, a national organization which drafts model laws for states on subjecls ranging from divorce to commercial transactions, spent three years preparing the marital property act. It has been endorsed by the American Bar Association and has been adopted in Wisconsin, the only state so far. Rep. Ralph Duckwall, R-Vanßuren, introduced it last year, but the bill didn’t get a hearing. In essence, the law would treat property acquired by either spouse during the marriage including salaries, interest and other income as “marital property” instead of individual assets, with certain exceptions. For example, gifts and inheritances received during the marriage would belong to the individual spouse. Property owned before marriage would continue to belong to its original owner. But income earned on that property would belong to both spouses. For example, if a woman owns her own home before she marries and later turns that house into rental property, she would still own the house individually but the rent would belong to both her and her husband. If individual property appreciates in value during the marriage, the increase in its worth remains the property of the individual owner. But if the increase in value is attributable to the efforts of the other spouse, then that increase is marital property. > This provision is designed to cover situations like that of farm wives, who work alongside their husbands yet may not receive a salary or be listed on the deed or title as co-owners. “Many farm women started out young, worked the farm, accumulated farmland only find out on the death of their husband that none of it was in their name. The widow is left with nothing,” Mrs. Blankenbaker said. The act also includes language which allows couples to “opt out” of its

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REP. JOHN THOMAS Co-sponsors House bill provisions and make their own agreements relating to marital property. The drafters of the law say that it doesn’t affect the actual distribution of property upon death or divorce. That will continue to be governed by each state’s laws. However, the uniform act treats each spouse as having an undivided one-half interest in the marital property. For divorce purposes, each spouse’s share would be considered in the property inventory. And in the case of a death, only a spouse’s one-half share in property would pass into his estate, leaving the survivor with his or her half share. There are rules in the act which would enable a deceased spouse’s share to pass to the survivor without going through probate. “We feel that the bill is more for the innocent people out there who weren’t aware that Indiana doesn’t have a common property law,” Mrs. Blankenbaker said. “The women don’t say, ‘ls the business titled in both of our names?’ Finances aren’t dinner table talk in most households.” Mrs. Blankenbaker said most people assume that husbands and wives own their property 50-50, “so we’re trying to do something that is a fairness issue and what most people already think is the law now.” Rep. Mary Kay Budak, R-Michigan City, a co-sponsor of House Bill 1330 with Duckwall and Rep. John J. Thomas, R-Brazil, emphasized that the measure isn’t a political issue. “It’s a human issue and it’s for both sexes. It’s for the protection of both sides, so it’s not a women’s issue, either,” she said. The bills carry a proposed effective date of Jan. 1, 1987, which would give a long enough lead time after passage to discover and correct any glitches that might cause problems. The Senate version is scheduled for a hearing this week. The sponsors aren’t certain about its chances for passage. “I can’t gamble a guess,” said Mrs. Blankenbaker. “How do you raise the awareness level? You don’t know where the personal prejudices are out there.” Mrs. Budak concedes that the bill “has a hard road to go, but I feel it’s going to fly. If there ever was a good time, this is it.”

state

Jury clears woman of murder, arson charges

ANDERSON, Ind. (AP) A question of Indiana law was the deciding factor in the innocent verdict for Phronsie Gully on murder and arson charges, the jury foreman said. The Madison Circuit jury found Miss Gully, 20, innocent in the deaths of her adoptive parents and their three sons. The charges stemmed from the April 21, 1984 fire that killed the family and destroyed their home. The nine-woman, three-man panel returned the verdict about 10:40 a.m. Saturday after deliberating for more than 17 hours through the night without a break. For a time it appeared the trial might end in a hung jury. The panel was deadlocked 10-2 through much of the night. About 9 a m., Judge Frederick Spencer called the juror., back into the courtroom and, after learning there was a reasonable chance of breaking the deadlock, asked if they needed any additional instructions. He explained to the panel that a confession alone is not sufficient under Indiana law for a conviction. The jury

Staunch milk-drinker has big taste for beer cans

TERRE HAUTE, Ind. (AP) - Bill Hegg is a milk-drinking dairy clerk, a guy who can’t stand the taste of beer. “I don't drink beer and never cared for it, but I enjoy collecting beer cans. They’re interesting-looking and also have a historical value,” said Hegg, a Terre Haute resident who manages the dairy section at a local supermarket. Hegg is also president of the Champagne Velvet Beer Can Collectors Club of the Wabash Valley. The club is named after the Champagne Velvet (CV) brewery of Terre Haute, which ceased manufacturing what it described as “the champagne of bottled beer” back in 1957. Hegg started his hobby when his brother-in-law gave him a 60-can collection. Today Hegg’s collection exceeds 2,200 cans. The first beer can was manufactured by the Krueger Brewery in Newark, N.J., in January 1935 exactly 50 years ago this month but, alas, an original Krueger can is not among the 2,200 cans in Hegg’s collection.

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resumed deliberations and then returned its unanimous decision just a few minutes later. Jury foreman Mike S. Mitroff, asked if the explanation was the factor that broke the deadlock, replied, “Absolutely. There was (just that) one remaining issue.” A confession made by Miss Gully was admitted during the trial, but contradictory evidence was also admitted. Some witnesses testified that the Miss Gully, who is mentally retarded, would say anything in order to resolve a problem. Special Prosecutor Richard W. Reed said he believed the jury sympathized with Miss Gully during the two-week trial. “I knew going in that I would have a hard time overcoming the sympathy thing. I don’t think I ever got around it,” Reed said. “I’m glad it’s all over with,” Miss Gully said. The fire killed her adoptive parents, Clifton and Alweenie Gully, and their sons, Adrian and twins Alwin and Alwen.

Hegg said a typical beer can will cost a collector between 50 cents and sl. Many are worth much more, he said. “A Tiger brand beer can was recently sold at auction for around $6,000,” said the collector. He said cone-top CV cans in good condition fetch between $35 and SSO. “We hope people in the Terre Haute area who have some of the Champagne Velvet cans contact us,” Hegg said. “Someone who was remodeling their house found a bunch in the walls and gave them to us.” Hegg said members of the club pay $2 annually for dues. All 15 members are men, but women are invited to join, Hegg said. Many of the members also belong to the Beer Can Collectors of America, which publishes a list of its 10.000 members so that they can contact each other for possible exchanges. Hegg plans to be among the collectors attending this year’s national beer can convention in September in Orlando, Fla.

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State paying less than private sector

INDIANAPOLIS (AP) employees make less than their collegues in similar jobs in private industry, while federal employees located in the Hoosier state make more. Those are the conclusions from two studies, by the U.S. Chamber of commerce and the state’s Compensation Task Force. According to the chamber report, federal employees in Indiana make 26 percent more money than employees in comparable jobs in the private sector. But state employees make between 2 percent and 38 percent less than privately employed persons, the task force study said, noting that the range is due to variations in different jobs surveyed. The figures in both studies are based on averages, and the definition of the “private sector” is different in each case. The Compensation Task Force recommended that “the state commit to narrowing the gap between state salaries and the market and secure substantial increases in funding toward the fulfillment of that objective.” How much of an increase is needed and how soon it should be provided was not addressed in the report. The average private sector pay was calculated through a survey of a variety of employers and through a survey of pay scales for state employees in other Midwestern states. The report divides state employees into five categories. In each case state employees made considerably less than private-sector employees. While some make only 2 percent to 4

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January 28,1985, The Putnam County Banner-Graphic

percent less, many make 36 percent to 38 percent less, depending upon the category Larry D. Kump, executive director of the Indiana State Employees Association, said some employees of the state’s public welfare department are themselves eligible for welfare. In addition, he said, a growing number of state employees receive food stamps and Aid to Dependent Children money, and live in subsidized housing. The figures for federal employees were based on a variety of studies, according to Martin Lefkowitz, director of economic trends and statistics for the chamber. He said one of the studies was conducted by the U.S. Office of Personnel Management. Nationally, federal employees make 33 percent more than private-sector employees who have comparable jobs, Lefkowitz said. The average pay of a federal employee is $25,572; the average for a private sector employee is $19,280. In Indiana, the chamber’s study showed, federal employees earn an average salary of $23,705. That is 26 percent more than the average private sector salary of $18,757. According to Lefkowitz’s calculations, the most well-paid federal government worker is found in the District of Columbia, where the average pay is $32,145. The second-highest-paid federal employee is found in Alaska, where the average pay is $29,549. Alaska is the only state in the nation, however, where private sector employees earn more than federal employees.

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