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Home My WebLink About92-1840 CYNTHIA J. KRUG IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 1840 CV 1992 CIVIL ACTION - LAW r i =-.n EDWARD E. KRUG :r rn :;r-m x„ -,c rn -.tir- Defendant IN DIVORCE -< > r\3 o C-) CD, = c -n rn STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of 2011, the parties, Cynthia J. Krug, Plaintiff, and Edward E. Krug, Defendant, having been divorced by Decree dated 3 April 1995 of the Court of Common Pleas of Cumberland County, entered at Docket Number 1840 CV 1992, do hereby stipulate and agree as follows: 1. The Plaintiff, Cynthia J. Krug (Cohen), (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§ 5101-5956 ("Retirement Code") 3. Member's date of birth is November 18, 1957 and the Member's Social Security number is ***-**-4750. 4. The Defendant, Edward E. Krug, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 25, 1954 and KRUG QDRO 2011 Alternate Payee's Social Security number is ***-**-3061 5. Member's last known mailing address is: 166 Brindle Road Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 1203 Gregory Drive Newark, DE 19702 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is Nine Thousand, Nine Hundred Ninety Dollars and Twenty Eight Cents ($9,990.28). 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 as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually KRUG QDRO 2011 enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. Member and Alternate Payee expressly agree that at the time Member files a KRUG QDRO 2011 retirement application with SERS, Member shall select: Option 4. - A lump sum distribution in an amount greater than or equal to the total value of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation) of the total accumulated deductions standing to the credit of the Member, as set forth in 71.Pa. C.S. § 5705(a)(4)(iii), or an succeeding statute. Alternate Payee shall be paid the Alternate Payee's equitable distribution portion of Member's retirement benefit out of the Option 4 lump sum distribution and shall not receive any portion of Member's monthly annuity payment. Member may select any monthly annuity option offered by SERS at the time of Member's retirement provided that Alternate Payee's share of Member's retirement benefit is paid in full from Member's lump sum distribution. 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 payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not KRUG QDRO 2011 granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P. S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type 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 adjustments 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 only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. KRUG QDRO 2011 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. [SEAL] Plaint' tuber . Plaintiff/Member [SEAL] Defendant/Alternate Payee , ro Se KRUG QDRO 2011 Authorization for the Release of Account Information to Alternate Payee I, Cynthia J. Krug, (nka Cynthia J. Cohen) authorize the Pennsylvania State Employees' Retirement System ("SERS") to release to Edward E. Krug and all information that he/she may request regarding my SERF onefits er re.irement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on day of 12011, at Docket Nvinb: rl W) CV 1992 which names Edward E. Krug as Alternate Payee. A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. &1-31 &0- // d4tA?- S) Date Cyn is . Krug (nka nthia J. Cohen) S.S. *-**-4750 KRUG QDRO 2011