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HomeMy WebLinkAbout92-3472/~ DEC 2 62DD7 ~'~ CHARLES L. DEBRUNNER, Plaintiff, vs. ELYSA B. DEBRUNNER, (now known as ELYSA G. BOFFO) Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . N0.3472 CIVIL 1992 CIVIL ACTION -LAW IN DIVORCE QUALTFIED DOMESTIC RELATIONS ORDER AND NOW, this 3r day of ~,~.~ , 20~, it appearing to the Court that: 1. A Divorce was granted to the parties in this matter on March 16, 1995, in this Court at the above-captioned number. 2. The parties to this action entered into a Property Settlement Agreement dated August 16, 1994. The Divorce Decree, under the above caption and number by Order of Court, incorporates the Property Settlement Agreement therein. 3. Charles L. DeBrunner (hereinafter referred to as the "Plaintiff' or "Primary Participant") is a participant in The Health Alliance of Pennsylvania 401(k) Plan (hereinafter referred to as the 401k Plan"). Further, any successor plan to the Plan shall also be subject to the terms of this Order. The Plan Administrator, which is responsible for determining whether the Order constitutes a qualified domestic relations order, is The Health Alliance of Pennsylvania. 4. Elysa B. DeBrunner, now using her prior surnanie of Elysa G. Boffo pursuant to an Election to Resume Prior Name filed with the Court on Apri126, 1995, Social Security Number 146-38-3842, hereinafter referred to as "Defendant" or "Alternate Payee," has raised claims for inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, P. S. Section 101 et seq., to the proceeds of Primary Participant in the 401k Plan. 5. Charles L. DeBrunner's current and last known mailing address is 2312 Valley Road, Harrisburg, Pennsylvania 17104. 6. Elysa G. Boffo's, formerly known as Elysa B. DeBrunner, current and last known mailing address is 4 Riddle Road, Camp Hill, PA 17011. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The Court intends this Order to be a qualified Domestic Relations Order ("QDRO") within the meaning of Section 414(p) of the Internal Revenue Code of 1986 ("Code") This Order creates and recognizes the existence of the Alternate Payee's right to receive all of the benefits payable with respect to the Primary Participant in the 401k Plan. 2. All of the account balance in the 401k Plan is marital property subject to distribution by this Court. 3. The entire account balance, plus actual investment earnings, of the 401k Plan is awazded to the Alternate Payee, Elysa G. Boffo, formerly known as Elysa B. DeBrunner. 4. In no event shall the Alternate Payee have greater rights than those which were available to the Primary Participant in the 401 k Plan. The Alternate Payee and Primary Participant are not entitled to any benefits not otherwise provided under the 401 k Plan. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the 401k Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants in the 2 Plan, including, but not limited to, the rules regarding withdrawals and distributions and the right to direct her Plan investments to the extent permitted under the Plan. Alternate Payee acknowledges that the Plan prohibits alternate payees from taking plan loans. 6. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and Primary Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties in connection with said payments. 7. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code Section 414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 8. In the event that the Primary Participant's benefits, or any portion thereof become payable to the Primary Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the 401k P1an.After payment of the amounts required by this QDRO, the Alternate Payee shall have no further claim against the Primary Participant's interest in the 401k Plan. 9. The Alternate Payee assumes sole responsibility for the tax consequences of all distributions for the 401k Plan under this QDRO. 10. Until the 401k Plan complete segregation in the name of the Alternate Payee of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code Section 401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 3 of this QDRO. The sole purpose of this paragraph is to ensure payment to the Alternate Payee in case of Primary Participant's death prior to segregation by the 401k Plan of the amount described in Paragraph 3 of this QDRO. 11. The Plan shall treat this QDRO in accordance with Code Section 414(p)(7). While the Plan Administrator of the 401k Plan is determining whether this Order is a Qualified Domestic Relations Order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 12. The Plan Administrator promptly shall notify the Primary Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Primary Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of the QDRO and shall notify the Primary Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 13. The parties shall promptly notify the Plan Administrator of any change in address from those set forth above and in all ways respond in a timely fashion to any Plan or administrative policy requirements necessary to administer this Qualified Domestic Relations Order. 14. The parties shall promptly submit this Order to the Plan Administrator of the 401k Plan for determination and acceptance of its status as a Qualified Domestic Relations Order. 4 1 ~~ ~ ~ . ~ 15. The Qualified Domestic Relations Order issued in this matter on January 2, 2002, is hereby rescinded and shall have no legal or binding effect. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 or any amendments thereto. The court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order pursuant to Section 414(p) of the Code, Section 206(d) of the Employee Retirement Income Security Act of 1974 and the Retirement Equity Act of 1984, or any amendments thereto. BY THE COURT: WITNESS: 72395.2 CHARLES L. DeBRUNNER, Plaintiff and Primary Participant ~~ ~' .~ ~~ ELYSA . BOFFO, formerly as Elysa B. DeBrunner, Defendant Alternate Payee 5 ~~~ ~~~ ~~ ~r w i r +Y^ rte f~r'~ ~ 0 ~ 11 ~~~ 1 E ~~a l~~l /SCIY.~..l~i'i~.1i ~.U'v~'.+.7 ~~ ~Q