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Home My WebLink About84-0377IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR D. ZEREGA (formerly White), ) Petitioner ) ~/ v • ) NO. 3~-3 CIVIL 1984 MICHAEL R. WHITE, ) CIVIL ACTION - LAW Respondent ) DIVORCE AMENDED DOMESTIC RELATIONS ORDER AND NOW this ~~ day of ,~ °~'~-~°~ ~~ ~~ , 1997 , the attached Stipulation for the Entry of "Amended Domestic Relations Order" is hereby adopted as an order of this Court. BY THE COURT: ~~.r" ,, _. '/„ .f ~~:~~~ J. ,y, ~:~^ _, ,, ,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR D. ZEREGA (formerly White), ) Petitioner ) .~ ~I 7 v. ) NO. ~~ CIVIL 1984 MICHAEL R. WHITE, ) CIVIL ACTION - LAW Respondent ) DIVORCE STIPULATION FOR THE ENTRY OF ~~AMENDED DOMESTIC RELATIONS ORDER" AND NOW, this day of 1997, the parties, and their respective counsel, do hereby agree and stipulate as follows: 1. The Respondent, Michael R. White (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employes' Retirement System (hereinafter referred to as "SERSrr} . 2. SERS, as a creature of statute, is controlled by the State Employes' Retirement Code, 71 Pa.C.S. Section 5101-5956 (hereinafter referred to as "Retirement Code"). 3. Member's date of birth is 2/18/45, and his social security number is 184-34-7442. 4. The Petitioner, Eleanor D. Zerega (hereinafter referred to as "Alternate Payee"}, is the former spouse of Member. Alternate Payee's date of birth is 7/9/46, and her social security number is 180-36-2234. 5. Member's last known mailing address is 680-9 Geneva Drive, Mechanicsburg, Pennsylvania, 17055. 6. Alternate Payee's current mailing address is 1018 Covington Drive, Allison Park, Pennsylvania, 15101. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit amount equals: (1) The Coverture Fraction multiplied by (2) The Member's monthly retirement benefit amount on the effective date of Member's retirement calculated by using the Member's final average salary on August 25, 1984 and calculated assuming that Member did not qualify for an early retirement window. It is specifically understood that the marital property component shall be calculated without reference to salary at the time of retirement. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service as defined by SERS for the period of time from August 7, 1967 to August 25, 1984. The denominator is the total amount of Member's service, as defined by SERS on the effective date of Member's retirement. (c) Fifty percent (50%) of the marital property component of Member's retirement benefit amount as set forth in subparagraph 7(a) above is to be allocated to the Alternate Payee as her equitable distribution of this marital asset, payable to her from SERS. Alternate payee's monthly amount shall reflect 2 any appropriate reduction associated with her receipt of funds pursuant to subparagraph (d) hereinafter. (d) Member shall elect to withdraw all contributions and interest at the time of his retirement. Alternate payee shall receive a sum from Member's contribution account representing $9,464.70 as of September 12, 1997, plus interest thereafter calculated at four percent (4%) per annum until distribution. Member shall receive all remaining funds in said account. Alternate payee shall receive an IRS Form 1099 evidencing her receipt of her share of the contributions and interest as set forth in this paragraph. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit amount, as set forth in paragraph 7, shall be payable to Alternate Payee from SERS and shall commence as soon as administratively feasible on or about the date of the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this stipulation and agreement, whichever is later. 9. Alternate Payee shall not receive any share of any pre-retirement or post-retirement death benefit payable by or from SERS. Any death benefit shall be paid to the beneficiaries 3 named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this stipulation and agreement is dependent upon which option(s) is selected by Member upon retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files any Application for Retirement Allowance with SERS, so long as such option permits payment of Alternate Payee's equitable distribution portion of the marital property component of Member's retirement benefit payable from SERS as set forth in paragraph 7 above, for the life of the Member. If Alternate Payee predeceases Member after retirement, no survivor annuity benefits are payable to the Alternate Payee's estate upon Member's death. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this order, any retirement benefit payable to Alternate Payee from SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of the marital property component of Member's retirement benefit as payable from SERS as set forth in paragraphs 7 and 8, for the 4 life of the Member. If Alternate Payee predeceases Member after retirement, no survivor annuity benefits are payable to the Alternate Payee's estate upon Member's death. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise payable to her from SERS as provided in this order. The Alternate Payee is only entitled to the specific benefits payable to her from SERS as provided in this order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this order are preserved for Member. 14. 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 Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this stipulation and agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this stipulation and agreement, but 5 only for the purpose of establishing it or maintaining it as Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or 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 existing order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this stipulation and agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further order of court. WHEREFORE, the parties, intending to be legally bound by the terms of this stipulation and agreement, do direct their counsel to hereunto place their hands and seals. Donald T. Kissinge squire Arthur T. McDermott, Esqui for Michael R. White for Eleanor D. Zerega Respondent/Member Petitioner/Alternate Payee 6