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part as any judgment which relates to the provision of marital
property rights to a spouse, or former spouse, of a participant
and is made pursuant to a State domestic relations law. Sec.
414(p)(1)(B).
The Circuit Court of Cook County, Illinois, entered a
“Judgment for Dissolution of Marriage” (Judgment) with respect to
petitioner and his former wife. The Judgment states that the
parties acknowledged that petitioner’s retirement plan was
marital property. The Judgment determined that “in consideration
of [petitioner’s] waiver of his vested interest in the marital
real estate, [petitioner’s former wife] hereby waives any and all
right, title, claim or interest she may have in the [retirement
plan] in favor of [petitioner].”
The Judgment relates to the marital property rights of
petitioner and his former wife pursuant to the domestic relations
laws of Illinois. It is a domestic relations order under section
414(p)(1)(B). The Judgment did not award petitioner’s former
wife any interest in the pension plan distribution. Petitioner
admits that the Judgment did not require any distribution of his
retirement funds. The distribution took place after petitioner’s
divorce from his former wife. Only petitioner received the
$37,848 distribution. What is most significant is that
petitioner was not an alternative payee under his retirement
plan, but was a participant in that plan. For the foregoing
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Last modified: May 25, 2011