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Court of California (California Superior Court), County of
Sutter, on April 27, 1999.
With respect to the division of petitioner’s CWSC 401(k)
plan, Ms. Seidel and petitioner agreed to a Marital Settlement
Agreement, dated April 19, 1999, and entered by the California
Superior Court on April 27, 1999, which provided:
the parties presently have a partial community interest
[$77,000.00] in Husband’s 401K and Husband has a partial
separate property interest in his 401K. The parties agree
that the sum of SEVENTY SEVEN THOUSAND DOLLARS AND NO/100
($77,000.00) shall be withdrawn from the 401K plan held in
Husband’s name. Husband will then deduct the federal and/or
state penalties and the federal and state taxes and any
other taxes for early withdraw [sic] from that amount, and
from that remaining balance, Husband shall arrange for the
payment of the two (2) debts owed to First Community
Financial Services, which are secured by deeds of trust on
wife’s home. After those two (2) debts are paid, any
balance of the proceeds shall be split equally between the
parties. Any proceeds remaining in Husband’s 401K plan
shall be confirmed to Husband as his sole and separate
property.
The Marital Settlement Agreement was reviewed by Lillick &
Charles, LLP, Attorneys at Law (Lillick & Charles), and by the
administrator of the CWSC 401(k) plan, for whom Lillick & Charles
acted as counsel. Based upon this review, the plan administrator
refused to comply with the Marital Settlement Agreement because
it did not constitute a Qualified Domestic Relations Order
(QDRO). Due to petitioner’s continuing employment, the plan
administrator would not distribute the called for amount to
petitioner.
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