Category Archives: Domestic Relations Order

Supreme Court to Divorced Participants – Check Beneficiary Designations if No Valid QDRO

Posted on January 27, 2009 by Administrator

“ERISA provides no exception to the plan administrator’s duty to act in accordance with plan documents.” – Headnote 2, Kennedy v. Plan Administrators for Dupont Savings. In the game of QDRO beneficiary tug-of-war between an ex-wife and daughter over a … Continue reading →

Posted in Domestic Relations Order, Litigation | 1 Comment

9th Circuit Decides QJSA Tug of War in Favor of Spouse at Time of Retirement

Posted on September 18, 2008 by Administrator

“This case requires us to once again navigate the complex statutory scheme set out in the Employee Retirement Income Security Act of 1974….” – Judge Clifton, 9th Circuit Court of Appeals Yesterday, the 9th Circuit Court of Appeals decided whether … Continue reading →

Posted in Distributions, Domestic Relations Order, ERISA, Litigation | 3 Comments

California Supreme Court’s Decision on Domestic Partnerships May Raise Some Plan Document Issues

Posted on May 16, 2008 by Administrator

Yesterday, in In re Marriage Cases, No. S147999 (May 15, 2008), the California Supreme Court addressed the issue of whether domestic partnership is the same as marriage. As framed by the Court, the issue they addressed in this decision is: … Continue reading →

Posted in Domestic Relations Order, Litigation, Plan Language | Leave a comment

Railroad Retirement and the Pension Protection Act

Posted on May 7, 2008 by Administrator

Tucked away toward the end of the Pension Protection Act are two sections which made changes to Railroad Retirement. Section 1002 and Section 1003 both became effective on August 17, 2007, one year after the date PPA was enacted. Section … Continue reading →

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Supreme Court May Address QDROs: Petitioner’s Merit Brief Due in Kennedy v. DuPont Savings

Posted on May 5, 2008 by Administrator

Fast on the heels of LaRue and MetLife, the U.S. Supreme Court is taking a look at another ERISA case – Kennedy v. Plan Administrators for DuPont Savings and Investment Plan, No. 07-636. The Petitioner, the estate of the participant, … Continue reading →

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EBSA Issues Rules on Domestic Relations Orders

Posted on March 8, 2007 by Suzanne Wynn

EBSA issued an interim final rule with a request for comments as required by Section 1001 of PPA. The final rule takes effect April 6, 2007. It adds Labor Reg. 2530.206, which includes examples addressing that a domestic relations order … Continue reading →

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