chanel
Silver Member
NEWARK Francia Prystauk stood before state pension board members earlier this month with a kind of story they had never heard before.
Her husband Gary, a retired Newark police captain, had died in a scuba diving accident in 2006, and she was there to seek pension benefits for their son. A routine enough request, except for one crucial detail the child was conceived after her husbands death.
Doctors had removed her husbands sperm within hours of his death. The following year, Prystauk, became pregnant through in vitro fertilization and gave birth to Jacob Gary Stephen Prystauk nine months later.
Hes now 3 years old and recognized by court order as Gary Prystauks son. But is he entitled to pension benefits?
The police and firefighters pension board simply doesnt know what to do. So it is referring the case to the Attorney Generals Office for legal review.
Board chairman John Sierchio said pension rules dont take into account the scientific advances that allow for posthumous conception.
Weve never had this type of issue before, he said. Theres a lot at stake here, and we just want to get it right.
For Prystauk, the issue is crystal clear.
Jacob had a father, she said. He just happened to pass away.
If the board rules in her favor, she will receive an additional $1,282.05 a month, on top of the monthly $4,273.50 she receives as the widow of a retired police officer.
Danette Molina, Prystauks lawyer, said the state does not have laws on the rights of posthumously conceived children
Newark police captain's widow seeks pension benefits for son conceived through in vitro fertilization | NJ.com
Interesting story. My heart says that the child should be eligible. But when I look at how much she is already getting - $50K? Is that tax free? ..
What say you?