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HomeMy WebLinkAbout85-2362 NOV 0 32009 A? SHERRY L. SMALL : IN THE COURT OF COMMON PLEAS n/k/a SHERRY LYNN HARHIGH, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, : FAMILY DIVISION V. : NO. 2362 CIVIL TERM 1985 BRIAN M. SMALL, DEFENDANT. : ACTION IN DIVORCE DOMESTIC RELATIONS ORDER //Ah AND NOW, this b day of November, 2009, the attached Stipulation and Agreement, entitled "Approved Domestic Relations Order," entered into by the parties in the above-captioned case and dated October 27, 2009, is hereby incorporated, but not merged, into this Order of Court. NN, % J. Distribution. /Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Plaintiff/Alternate Payee Jeffrey R. Boswell, Esquire 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant/Member c S r .: l lJ 120 T iD---)" uE LE OF T ME tk!OTARY 2009 NOV -6 P 3: 08 CUfi? ?? 11' ti NOV 012009 & Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Defendant Brian M. Small SHERRY L. SMALL n/k/a SHERRY LYNN HARHIGH, PLAINTIFF, V. BRIAN M. SMALL, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2362 CIVIL TERM 1985 : IN DIVORCE APPROVED DOMESTIC RELATIONS ORDER AND NOW, this 21'- day of October, 2009, the parties, Sherry L. Small, n/k/a Sherry Lynn Harhigh, Plaintiff, and Brian M. Small, Defendant, do hereby Agree and Stipulate, as follows: WHEREAS, this Approved Domestic Relations Order ("ADRO") is entered to create and recognize the existence of an Alternate Payee's right to receive a portion of the Member's benefits payable under a governmental pension plan for Pennsylvania Public School Employees, managed by the Public School Employees' Retirement System ("PSERS"), which benefits are described in the Public School Employees' Retirement Code (Act 96 of October, 1975), 24 Pa. C.S. § 8101 et seq. WHEREAS, this ADRO is entered pursuant to the authority granted under the applicable Divorce Code of the Commonwealth of Pennsylvania. This ADRO is entered to enable Brian M. Small and Sherry L. Small, now known as Sherry Lynn Harhigh, to fulfill a requirement under the Marriage Settlement Agreement dated September 6, 1985, to make a payment as stated in the Marriage Settlement Agreement. This ADRO shall have conditions, terms, and obligations, as follows: -1- I . Plan Information. This ADRO relates to the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter "Plan" or "PSERS"), as provided by the Public School Employees' Retirement Code 24 Pa.C.S.§8101 et seq. ("Retirement Code"). 2. Member Information. BRIAN M. SMALL, hereinafter referred to as "Member," is a Member of the PSERS. The Member's date of birth is May 15, 1943, and social security number is 161-34-1858. The Member's mailing address is 352 Furlong Lane, Camp Hill, PA 17011. 3. Alternate Payee Information. SHERRY L. SMALL, n/k/a SHERRY LYNN HARHIGH, hereinafter referred to as "Alternate Payee," is the former spouse of Member. Alternate Payee's date of birth is May 23, 1944, and social security number is 162-36-9419. The Alternate Payee's mailing address is 5830 Barnsley Drive, Harrisburg, PA 17111. 4. Address Notification. The parties shall promptly notify PSERS of any change in their address from those set forth in this ADRO. 5. Retirement Benefits. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals and/or any increases. Equitable Distribution of the marital property component of Member's Retirement Benefit, as set forth in Paragraph Six (6) shall commence as soon as administratively feasible after Member's effective date of retirement or the approval by PSERS of a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 6. Alternate Payee's Equitable Distribution of Member's Retirement Benefit. Alternate Payee shall be entitled to receive as her Equitable Distribution share of Member's, including any death benefits, calculated, as follows: (a) The marital property component of Member's Retirement Benefit equals the Coverture Fraction multiplied by the Member's Retirement Benefit as of Member's actual retirement date of June 30, 2009; (b) The Coverture Fraction is a fraction which has a value of less than 1.0. The numerator shall be 19.0, which is the time period from the date of the marriage, June 18, 1966, until the date of separation, June 18, 1985, the period of marriage and living together, as per the parties' September 6, 1985, Property Settlement Agreement. The numerator shall be divided by the denominator. The denominator shall be 44.0, which is the amount of Member's credited service, as defined by PSERS, for the period from -2- September 1, 1965, dated of enrollment, to the Member's effective date of retirement, June 30, 2009. Thus, the coverture fraction is .432; and (c) 50% of the marital property component of Member's Retirement Benefit is to be allocated to Alternate Payee for the purpose of Equitable Distribution of this marital asset. 7. Death of Member. Member shall nominate Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's (marital) Equitable Distribution share in Member's Retirement Benefit for any death benefits payable by PSERS. In addition, Member shall execute the deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all information concerning Member's retirement account, including but not limited to Member's current Nomination of Beneficiaries form for death benefits. Alternate Payee shall deliver the authorization to PSERS, allowing Alternate Payee to determine if Member has properly nominated Alternate Payee as a beneficiary as per the terms of this paragraph. Member shall name a beneficiary for the non-marital portion of Member's death benefit. 8. Death of Alternate Payee. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from PSERS under this ADRO, then any death benefit or retirement benefit, payable to the Alternate Payee by PSERS, shall be paid to the Alternate Payee's children, as Contingent Alternate Payees, as specified below to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. The Alternate Payee's beneficiaries will be Contingent Alternate Payees and shall be her children, as follows: Kristin Lynn - 20% DOB: March 11, 1968 SSN: 166-42-4262 Address: 8150 SW Barnes Road Apartment J-100 Portland, OR 97225 Pamela Lynn Seetoo - 20% DOB: August 1, 1970 SSN: 200-58-4683,20% Address: 706 Darby Place Harrisburg, PA 17109 -3- Angela Lynn Riordan - 20% DOB: December 18, 1971 SSN: 200-58-4473 Address: 3 West 87th Street Apartment 4D New York, NY 10024 Brent Brian Small - 20% DOB: August 29, 1974 SSN: 200-58-4323 Address: 1403 SE 24"' Street Portland, OR 97214 Meghan Lynn Hegaman - 20% DOB: March 28, 1977 SSN: 200-58-4701 Address: 5242 Wynnewood Road Apartment C Harrisburg, PA 17109 PSERS shall make payment equally to any or all of the above-stated children who survive the Alternate Payee. If there are not any surviving beneficiaries, payment from PSERS shall be made to the Alternate Payee's estate. 9. Retirement Option Selection. (a) Member shall select Special Option 4- Customized Option and name Sherry Lynn Harhigh as his irrevocable Survivor Annuitant for the marital portion of his benefit at the time Member files an Application for Retirement with PSERS. Member may elect any option for the non-marital portion as long as it does not negatively affect the Alternate Payee's equitable distribution. The intent of the Special Option 4 selection is to maintain levelized payments to the Alternate Payee for life in the event of the Member's death after retirement, as well as to provide separately the balance of the Member's marital and non-marital portions of the benefits using any option chosen by the member, including a provision for a second survivor annuitant, if chosen. The Alternate Payee shall receive her equitable distribution percentage portion of the annuity which is payable to Member during this lifetime, so that she shall receive a portion of the Member's check during his lifetime and the same amount, all other things being equal, as a survivor annuity if the Member predeceases her after his retirement. The Alternate Payee acknowledges that if she predeceases the Member after the Member's retirement, then, -4- under this Special Option 4, selection no survivor annuity is payable to the Alternate Payee's estate or successor. As a result of the Member's requirement to elect Special Option 4, the Alternate Payee shall bear the entire cost for this option selection. (b) If the Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's beneficiaries or estate (pursuant to Paragraph 10). Such annuity shall be. paid to the Alternate Payee's beneficiaries, as specified in Paragraph 8, for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee or her beneficiaries or her estate and over any accumulated deductions paid to the Member under Paragraph 10. Any option selected shall not reduce the amount that is to be paid to the Alternate Payee, her beneficiaries or her estate under the provisions of this ADRO. 10. Lump Sum Benefit. Upon retirement, Member may elect to receive a lump sum payment pursuant to 24 Pa.C.S. § 8345(a)(4)(iii) as part of his Retirement Benefit. Member shall elect to receive, by lump sum, a total (100%) withdrawal of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee or her beneficiaries (as specified in Paragraph 8) or her estate which portion shall be 21.59% of the accumulated deductions as of June 30, 2009, with installment interest from June 30, 2009, until the date payments commence to the Member. 11. Tax Liabilities. PSERS shall issue individual tax forms to Member and Alternate Payee for the amounts paid to each. 12. Limitations on the Alternate Payee. Alternate Payee may not exercise any right, privilege or option offered by PSERS. In no event shall the Alternate Payee or her Estate have greater benefits or rights than those that are available to the Member. The Alternate Payee or her Estate is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee or her Estate is only entitled to the specific benefits offered by PSERS as provided in this ADRO. All other rights, privileges, and options offered by PSERS not granted to the Alternate Payee or her Estate by this ADRO are preserved for the Member. -5- 13. Disability Annuities. The Alternate Payee is not entitled to any disability portion of any disability annuities paid to the Member by PSERS. No disability benefits that would have the effect of reducing Member's basic pension benefits are currently due and payable to Member. 14. Cost of Living Adjustments (COLAs). It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require PSERS to provide any type or form or amount of benefit or option not otherwise provided under the Retirement Code; and (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost-of-living adjustments or on other than actuarial values. 15. Intent of the Parties. 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. Amendments. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing ADRO. 17. Effective Date. Upon its entry as an Approved Domestic Relations Order ("ADRO"), a certified copy of this Stipulation and Agreement, and any attendant documents shall be served upon PSERS immediately. The ADRO shall take effect immediately upon its approval and the approval of any attendant documents by PSERS, and shall remain in effect until further Order of Court. -6- WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Dated: Sh4jry L. Small, n/k/a SherrUy9n HarhigQ Plaintiff/Alternate Payee 5830 Barnsley Drive Harrisburg, PA 17111 Dated: Z-g 0?±ZQ79'--F fuel L. A rdes, Esquire 525 North 12th Street Lemoyne, PA 17043 Attorney for Plaintiff/Alternate Payee Dated: /?G?7J „? 1tQ09 /B?rianS efendant/Member 352 Furlo Camp Hill011 d: AY- -& 2. "" Date Jeffrey R. Boswell, Esquire 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0841 Attorney for Defendant/Member -7-