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HomeMy WebLinkAbout93-0443AS OF y ~3 - ao6 ~ CASE# X 99 3 - yy3 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. APR 12 2007 ~`~ CLAIRE G. SHENK, n/blm : IN THE COURT OF COMMON PLEAS OF CLAIRE G. JOHNSON :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :CIVIL ACTION -LAW AUBREY L. SHENK, : N0.443C 1993 Defendant : IN DIVORCE AMENDED DOMESTIC RELATIONS ORDER AND NOW, this tiZday of ~ \ 2007, based upon the Stipulation and Agreement of the parties, also identified as "Member" as to the Defendant, Aubrey L. Shenk, and "Alternate Payee" as to the Plaintiff, Claire G. Shenk n/b/m Claire G. Johnson, the Court hereby enters the following Order amending the previously Domestic Relations Order dated August 9,1994. 1. The Defendant, Aubrey L. Shenk, is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "Member"). 2. The State Employees' Retirement System (hereinafter referred to as "SERS"), as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. Section 5101 et seg., (hereinafter referred to as the "Retirement Code") 3. The Member's date of birth is September 30,1948, and his Social Security number is 202-38-3887. 4. The Plaintiff, Claire G. Shenk, n/b/m Claire G. Johnson, is the former spouse of the Member (hereinafter referred to as "Alternate Payee"). The Alternate Payee's date of birth is November 7, 1948, and her Social Security number is 210-36-8878. 5. The last known mailing address of the Member is S Hilltop Road, Boiling Springs, Pennsylvania 17007. 1 6. The current mailing address of the Alternate Payee is 1206 White Birch Lane, Carlisle, Pennsylvania 17013. It is the responsibility of the Alternate Payee to keep a current mailing address on file at all times with SERS. 7. The Member's entire retirement benefit as of the date of separation of December 31,1992, is marital property and that shall be the "retirement benefit" as that term is used in this Order. (The Member's retirement benefit after December 31,1992, is not marital property). Of the Member's Adjusted Option 1 annuity retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset is the following: $652.00 per month as of the Member's actual date of retirement. The benefit shall continue until the death of the Member. The value of the Alternate Payee's share was $92,544.05 as of December 31, 1992. A. The Member shall be entitled to withdraw all of his contributions and interest pursuant to his Option 4 election. B. None (0%) of the Member's Option 4 lump sum distribution is to be allocated to the Alternate Payee. C. In interpreting and administering this paragraph, please refer also to Paragraph 10 of this Order. D. In this Order, the term "adjusted" shall mean that Option 1, the monthly annuity, is reduced pursuant to the permitted Option 4 election. 8. The Member's retirement benefit as of the date of separation of December 31,1992, is defined by the parties as all monies paid to or on behalf of the Member by SERS including any lump sum withdrawals or scheduled or ad hoc increases, including the disability portion of any disability annuities paid to the Member by SERS or any deferred compensation benefits paid to the Member by SERS as limited by Paragraph 7. The equitable distribution portion of the retirement 2 ,~ benefit shall be payable to the Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement whichever is later. 9. The Member shall execute and deliver to the Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to the Alternate Payee all information concerning the Member's retirement benefits including, but not limited to, his current nomination of beneficiary form for death benefits. The Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The Member and the Alternate Payee expressly agree that, at the time the Member files his retirement application, the Member shall select: Adjusted Option 1 - A life annuity to the Member with a guaranteed total payment equal to the adjusted present value of the single life annuity on the effective date of retirement with the provision that if, at death, he has received less than such adjusted present value, the unpaid balance shall be payable to his designated beneficiary, as set forth in 71 Pa. C.S. Section 5705 (a)(1), or any succeeding statute; and Option 4 - A lump sum benefit in an amount equal to the total accumulated deductions standing to the credit of the Member, as set forth in 71 Pa C. S. Section 5705 (a)(4)(iii), or any succeeding statute. The Member and the Alternate Payee have been informed by SERS that the Member's Option 1 monthly benefit (adjusted to reflect an Option 4 election) would be $829.13 per month as of an assumed retirement date of December 31, 1992. The Alternate Payee shall receive a portion of 3 ,~ the monthly adjusted Option 1 benefit equal to $652.00 per month as of the actual date of the Member's retirement. This benefit shall continue until the death of the Member. A. The Member shall be entitled to withdraw all of his contributions and interest pursuant to his Option 4 election. B. None (0%) of the Member's Option 4 lump sum distribution is to be allocated to the Alternate Payee. C. In interpreting and administering this paragraph, please refer also to Paragraph 7 of this Order. D. In this Order, the term "adjusted" shall mean that Option 1, the monthly annuity, is reduced pursuant to the permitted Option 4 election. The Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to the Member and the Alternate Payee for amounts paid to each such person. 11. In the event of the death of either the Alternate Payee or the Member before they receive their benefits from SERS under the parties' Separation, Property Settlement, and Postnuptial Agreement (the "Agreement") and this Stipulation, the following shall occur: A. In the event of the in-service orpost-service death of the Member before the death of the Alternate Payee no election under Retirement Code Section 5709 shall be permitted (and, therefore, any such death benefits shall be payable in lump sums) and any death benefit payable shall be payable as follows: in no event whatsoever shall SERS be required to pay an amount exceeding the Member's then "present value" (i.e., the "present value" at the time of the Member's death) as that amount is understood by SERS; and 2. any such death benefit payable shall be the "option 1" "present value" reduced by all payments made by SERS to both the Member and the Alternate Payee; and 4 3 . in the event that the total pre-death payments to the Alternate Payee are less than $92,544.05 and there remains a "present value" relating to the Member's account then the death benefit payable shall be paid first to the Alternate Payee in the amount of the lesser of: (a) only to the extent such "present value" remains, the difference between $92,544.05 minus the total payments to the Alternate Payee; or (b) the remaining "present value" with any remaining balance after the foregoing payment to the Alternate Payee, if any, payable to the beneficiary or to the beneficiaries specified in the Member's last nomination of beneficiary form filed with SERS. B. In the event of the in-service or post-service death of the Member after the death of the Alternate Payee no election under Retirement Code Section 5709 shall be permitted (and, therefore, any such death benefits shall be payable in lump sums) and any death benefit payable shall be payable as follows: in no event whatsoever shall SERS be required to pay an amount exceeding the Member's "present value" (i.e., the "present value" at the time of the Member's death) as that amount is understood by SERS; and 2. any such death benefit payable shall be the "option 1" "present value" reduced by all payments made by SERS to the Member and the Alternate Payee; and 3. in the event that the total pre-death payments to the Alternate Payee are less than $92,544.05 and there remains a "present value" relating to the Member's account then the death benefit payable shall be paid first to the Alternate Payee's estate in the amount of the lessor of: (a) only to the extent such "present value" remains, the difference between $92,544.05 minus the total payments to the Alternate Payee; or (b) the remaining "present value" with any remaining balance, if any, shall be payable to the beneficiary or the beneficiaries specified in the Member's last nomination of beneficiary form filed with SERS. C. In the event of the death of the Alternate Payee, while the Member is still alive, and before she has received all payments due to her through this Domestic Relations Order, her remaining equitable distribution portion of this marital asset shall be payable to her estate and not to the Member. D. In the event of simultaneous death, the Member shall be deemed to have survived the Alternate Payee. 12. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Member. The Alternate Payee is not entitled to any benefit not otherwise provide by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to the Alternate Payee are preserved for the Member. 13. It is specifically intended and agreed by the parties hereto that this Order: A. Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; B. Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to the Member based upon cost of living or increases based on other than actuarial values; C. Does not hold the SERS liable for actuarial assumptions used to compute present value. 14. The parties have determined "retirement benefit" as herein defined, including the disability portion of the death benefit, for purposes of Paragraphs 8 above. The parties intend and agree that the terms of this Order shall be approved, adopted and entered as an Order of the Court. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order but only for the purposes of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 6 r 16. A certified copy of this Order and the attendant documents shall be served upon the SERS forthwith. The Order shall take effect immediately upon approval of this Order and documents by SERS and remain in effect until further Order of Court. AGREED TO: Date ~-/ ~ ~ 1.Z o O ~ Date (', ,t, ~- ~ ` ~- ~ ~ Aubrey L. Shenk, Defendant and Member ~~ Claire G. Shenk, niblm Claire G. Johnson, Plaintiff and Alternate Payee ~'J. torney for Participant: Jon M. Gruber, Esquire Russell, Krafft & Gruber, LLP Hempfield Ceneer, Suite 300 930 Red Rose Court Lancaster, PA 17601 (717) 293-9293 torney for Alternate Payee: ~~ c Ronald E. Johnson, Esquire Andrews & Johnson 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 0 d'~% r`l.~' '~~ ~~ i~ _ ~ ~, a '~ ~ .~ F'