Tenth Circuit holds that marital settlement agreement is a QDRO, reversing Tax Court
Article Abstract:
The US Court of Appeals for the 10th Circuit overturned the US Tax Court in Hawkins v. Commissioner in finding that the taxpayer's incorporation of a marital settlement agreement into a divorce decree was a qualified domestic relations order (QDRO) under IRC section 414(p). The Tax Court had found that the taxpayer's conveyance of funds from his pension fund to his ex-wive under a marital settlement agreement failed the specificity and alternate payee requirements for QDROs. The 10th Circuit found this reading unnecessarily narrow and found that the agreement satisfied the statutory definition.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
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QDRO rules applied to group life insurance plan
Article Abstract:
The US Court of Appeals for the Seventh Circuit ruled in Metropolitan Life Insurance Co. v. Wheaton that section 206(d)(3) of the Employee Retirement Income Security Act (ERISA) applies to welfare plans and found a change of beneficiaries in the plan invalid. The employee's divorce decree had required that the welfare plan's insurance continue to name his ex-wife as beneficiary. The employee named his new wife as beneficiary. The Court found that the divorce decree was a qualified domestic relations order that triggered ERISA protection for his former wife.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1995
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MetLife continues to litigate the application of QDRO rules to welfare plans covered by ERISA
Article Abstract:
The US District Court for the Eastern District of Michigan ruled in Metropolitan Life that the ERISA exemption for qualified domestic relations orders (QDROs) did apply to the deceased employee's designation of his ex-wife as beneficiary in an employer-provided life insurance plan. MetLife argued that the QDRO exemption was only intended to apply to qualified plans and not to welfare benefit plans. The Court cited the need for uniformity in finding that the QDRO beneficiary designations should be respected for all ERISA plans.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
User Contributions:
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