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HomeMy WebLinkAbout94-07007 o:\....II\ldllnto..~,qua1i/k4 - -.... (qdn>) IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. That the portion of the aforementioned Carlisle Hospital Employees' Retirement Pian retirement benefits which were accumulated after the date of the parties marriage on October 15, 1960, and prior to the execution of the Marital Settlement Agreement between the parties on October 28, 1993, Is marital property subject to distribution by this Court. 2. In accordance with the Marital Settlement Agreement between the parties, Defendant and Plaintiff Participant shall each receive one-half of the marital property portion of each retirement benefit payment, at such time as Plaintiff/Participant retires and Is entitled to receive said payment under the Carlisle Hospital Retirement Plan. That portion of the retirement benefits which Defendant Is entitle to receive shall be paid directly to him by the Carlisle Hospital Employees Retirement Pian. Notwithstanding the foregoing, Defendant's one-half share of that portion of the aforesaid retirement benefits which constitute marital property may be reduced to the extent that there may be any administrative costs arising out of his separate payment. 3. The plan to which this Order applies is the Carlisle Hospital Employees' Retirement Plan, which hold retirement benefits for the benefit of Plaintiff Participant, and for Defendant in accordance with the Marital Settlement Agreement and this Order. 4. Defendant, the ultimate payee, shall have the same rights with regard to his portion of the plan as are available to Plaintiff, the Participant, with regard to her remaining portion of the plan. These rights Include, but are not limited to the right to designate a beneficiary of retirement benefits and any right to elect from then existing retirement dates and 2 , ~" { J ~ til~ L, @ ,~ f; ~ -.,g ~ \3- \).. t>o - -:r . - ~ ~ ~ it ii- :-r:: ~ ; ,.. ~ - l.~_ ".,1 - ,..... ~\ ~ ~ ,...) '. . ('') , ' - -':r Q ~ -- ;:r '-' ." ~ = LAWOf'lCU,', ...'! . FLOWER. MORGENTHAL,. FLOWER. LINDSAV A PRO'U810NAL COIU'OIIAnON . 11 EAST HIOH STREET. CARLISLE, PENNSYLVANIA tl'Ot).J(l16 .t.,;; ,.....'" JANICE E. SINGMASTER, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ']00'/ NO. 94. CIVIL 3..N....... CARL I. SING MASTER, Defendant. AND NOW, this It appearing to the Court that: 1, The parties hereto are husband and wife, are separated, and desire to I L/ I;( day of JJ.e -u"" t~- ,1994, resolve certain marital rights. 2. Plaintiff, JANICE E. SINGMASTER, has the social security number of 211- 32-0310, and her current and last known mailing address Is 106 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, CARL I. SINGMASTER, has the social security number of 170. 36.5059, and his current and last known mailing address Is 1103 Cocklin Street, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have entered Into a Marital Settlement Agreement, executed the 28th day of October, 1993, In which were resolved certain Issues Involving claims for equitable distribution of marital property pursuant to the Pennsylvania Divorce Code 23 Pa.C.S. ~101 et seq. CARL I. SINGMASTER, hereinafter referred to as "DEFENDANT" or "PARTICIPANT', Is employed by the Commonwealth of Pennsylvania and Is a participant In the Commonwealth of Pennsylvania State Employes' Retirement System. o:lwp.lI\ldlIrdoc.\.......-,quallI\eoI- _ onIa (qdn>l IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. That the portion of the aforementioned Commonwealth of Pennsylvania State Employes' Retirement System retirement benefits which were accumulated after the date of the parties marriage on October 15, 1960, and prior to the execution of the Marital Settlement Agreement between the parties on October 28, 1993, Is marital property subject to distribution by this Court. 2. In accordance with the Marital Settlement Agreement batween the parties, Plaintiff and Defendant Participant shall each receive one-half of the marital property portion of each retirement benefit payment, at such time as Defendant/Participant retires and Is entitled to receive said payment under the State Employes' Retirement System Plan. That port/em of the retirement benefits which Plaintiff Is entitle to receive shall be paid directly to her by tha State Employes' Retirement System. Notwithstanding the foregoing, Plaintiff's one-half share of that portion of the aforesaid retirement benefits which constitute marital property may be reduced to the extent that there may be any administrative costs arising out of her separate payment. 3. The plan to which this Order applies Is the Commonwealth of Pennsylvania State Employes' Retirement System Plan, which hold retirement benefits for the benefit of Defendant Participant, and for Plaintiff In accordance with the Marital Settlement Agreement and this Order. 4. Plaintiff, the ultimate payee, shall have the same rights with regard to her portion of the plan as are available to Defendant, the participant, with regard to his remaining 2 "\...'I\ldQNoct~,,...ww - --.... (q4to) .. portion of th(J plan. These rights Include, but are not limited to the right to designate a beneficiary of retirement benefits and any right to elect from then existing retirement dates and payment optIons. In no event shall the ultImate payee have greater rights than those which are available to the Participant. The ultimate payee Is not entitled to any benefit not otherwise provided under the plan. 5. In the event that actuarial computation Is necessary to determine actuarial equivalents and/or the difference between benefits actually accrued, non-subsidized benefits, or employer subsidized benefits, the plan administrator shall obtain the services of any actuary who was enrolled under subtitle 'C' of Title 3, of the Employment Retirement Security Act of 1974. 6. Any reasonable costs Incurred by the plan administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the parties such that each pays 50% of the balance of the costs. 7. The partIes shall promptly notify the plan administrator of any change of their addresses from those set forth In this Order, and the parties shall promptly submit this Order to the plan administrator for determination of Its status as a Qualified Domestic Relations Order. BY THE COURT: j,Jl ,,-{ !- . J h.'y ~ J. 3 <:0 .~ - ~~:., .' '.' , , ~.,') .. .'., <.. H' c.:.:-J -, . c:\wp51\jdljrdoc.\A1nc1UllCl.jIII '. 5. Member's last known mailing address Is: 1103 Cocklin Street, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 6. Alternate Payee's current mailing address Is: 106 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. It Is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. It Is agreed by Member and Alternate Payee, that each shall have an equal one-half Interest In Member's Retirement Benefits, which shall be accomplished In the following manner: A. Member shall chose a Joint and survivor annuity option for payment of his retirement benefits, which shall be payable during the lifetime of the member with the full amount of such annuity payable thereafter to his survivor annuitant, If living at his death. Alternate Payee shall be considered the survivor annuitant for the purpose of selection of this option by Member; B. During such time as Member and Alternate Payee are both alive, each shall be paid by PEAS an equal one-half share of each retirement benefit payment; C. Should Member predecease Alternate Payee, Alternate Payee shall thenceforth receive the full amount of such annuity payments, said payments being equal to the total payments paid to member and Alternate Payee, during the time which both are living; D. Similarly, should Alternate Payee predecease Member, Member shall thenceforth receive the full amount of each such annuity payment, equal to the payment which 3 . o:lwpJl\jdIJIdoc,IoIaa_.joa '. had previously been divided between Member and Alternate Payee during such time as both were alive. 8. Member's retirement benefit Is defined as all monies paid to or on behalf of Member by SERS. Including any lump sum payment 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, as set forth In Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as admlnlstl'atlvely 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. Member shall nominate Alternate Payee as an Irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion In Member's retirement benefit for any death benefits payable by SERS. 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 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 SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 4 . o:\wp.lIIJdll....."..-,jao ., 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 optlon(s) Is/are selected by Member upon retirement. Member and Alternate Payee expressly agree that Member shall select an option providing for a Joint and survivor annuity, payable during the lifetime of the Member, with the full amount of such annuity payable thereafter to a survivor annuitant, If living at his death, provIded that said option shall not be InconsIstent with the provisions of paragraph seven (7) above, such that Member and Alternate Payee shall share equally In such annuity payments during such period of time os both Member and Alternate Payee are alive. 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 SEAS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 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 provided 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 Alternate Payee by this Order are preserved for Member. 5 o:l,.,SIIjdljnIoc.w.c-,joo , 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 actuarlel value) unless Increased benefits are paid to Member based upon cost of living or Increases based on other 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 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 wllllnvaUdate 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 document sand then shall remain In effect until further Order of Court. 6