Focus on plan administration: QDRO-preretirement survivor annuity-after death amendment of divorce decree

Article Abstract:

In the case of Robichaud Samaroo vs Samaroo and the AT&T Management Pension Plan, the issue involved whether a qualified domestic relations order (QDRO) could force a pension plan to pay the ex-wife when the husband died prior to retirement. The ex-wife obtained a QDRO after her ex-husband died, and tried to argue that the pension plan should pay her a portion of the retirement benefits, even though her husband did not in fact retire. The court ruled that a plan is not required to pay benefits it would not otherwise be required to pay by creating rights that did not exist the day the plan participant died.

Communications Equipment, Telecommunications Equipment, Communications Equipment Manufacturing, Telecommunications equipment industry, Telecommunications systems, Samaroo, Louise Robichaud, AT&T Technologies Inc.

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Focus on plan administration: QDROs

Article Abstract:

In the lawsuit Rivers vs Central & South West, the court clarified that in order for an alternate payee to have legal claim to a portion of a pension plan, the payee must have in place a qualified domestic relations order (QDRO) before the employee retires. In cases in which the former spouse does not have a QDRO, the pension plan participant's current spouse is the beneficiary upon retirement, irrevocably. Since ex-wife Rivers did not get a QDRO prior to her former husband's retirement, and he had remarried, his second wife is the beneficiary.

Electric Utilities, Electric Power Generation, Transmission and Distribution, Electric services, Rivers, Rheba, Southwestern Electric Power Co.

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Focus on plan administration: Disability retirement benefits- workers' compensation setoff- attorney fees and costs

Article Abstract:

In the lawsuit Trujillo vs Cyprus Amax Minerals, the disabled employee argued that his retirement disability benefits should not be reduced because he had received workers compensation benefits. Trujillo sustained work-related injuries while working as a hard rock miner, and was forced into retirement. His main argument was that because he had attorney's fees deducted from workers compensation, the retirement disability plan should also share in those costs. Neither the company's retirement committee nor the court agreed with his reasoning.

Copper Mines, Copper Ore and Nickel Ore Mining, Copper ores, Copper mining, Mining industry, Copper industry, Workers' compensation, Trujillo, Edward, Cyprus Amax Minerals Co., CYM

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