Comments on: 9th Circuit Decides QJSA Tug of War in Favor of Spouse at Time of Retirement http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/ Published by Suzanne L. Wynn, Esq., LLM Tax. of Erisafile / Qualified Pension Consulting Inc. Sat, 05 Nov 2011 17:33:01 +0000 hourly 1 http://wordpress.org/?v=3.1.1 By: Larry Gagnon http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-139 Larry Gagnon Tue, 23 Sep 2008 00:19:21 +0000 http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-139 I do not understand how 8th wife could have been unsuccessful thru all state and federal courts. Has anyone reviewed enough to know? Otherwise, any theories? Seems impossible. As Steven Russ pointed out, mathematically the initial result makes no sense. I do not understand how 8th wife could have been unsuccessful thru all state and federal courts.
Has anyone reviewed enough to know?
Otherwise, any theories?
Seems impossible.
As Steven Russ pointed out, mathematically the initial result makes no sense.

]]> By: Steven Russ http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-138 Steven Russ Mon, 22 Sep 2008 18:32:10 +0000 http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-138 I agree with the final decision. It's embarrassing to me that our legal system found it so hard to reach this conclusion, which should be fairly obvious. How could a court deign to change the terms of an annuity in pay status? How could a pension plan price and plan for divorce and remarriage (perhaps to a young trophy wife) with the survivor benefit then going to the new wife? (I am an actuary). But, not thinking much of what people or courts might do or try to do, my benefit election forms specify that 'spouse' means the spouse as of the date of signing of the benefit election. In a perfect world, this description of spouse might not be needed, but our world is far, far from perfect. I agree with the final decision.

It’s embarrassing to me that our legal system found it so hard to reach this conclusion, which should be fairly obvious.

How could a court deign to change the terms of an annuity in pay status?
How could a pension plan price and plan for divorce and remarriage (perhaps to a young trophy wife) with the survivor benefit then going to the new wife? (I am an actuary).

But, not thinking much of what people or courts might do or try to do, my benefit election forms specify that ‘spouse’ means the spouse as of the date of signing of the benefit election.
In a perfect world, this description of spouse might not be needed, but our world is far, far from perfect.

]]> By: David http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-137 David Mon, 22 Sep 2008 17:49:35 +0000 http://qualifiedpensionconsulting.com/ppablog/2008/09/18/9th-circuit-decides-qjsa-tug-of-war-in-favor-of-spouse-at-time-of-retirement/#comment-137 Absolutely correct result, but bizarre reasoning. I wonder if anyone asked "what does the plan say?" Absolutely correct result, but bizarre reasoning. I wonder if anyone asked “what does the plan say?”

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