- 4 - their attorneys, and the plan administrator of the Retirement Plan. The QDRO stated, in relevant part, that petitioner, Mr. Kelley, and the Superior Court intended that the QDRO be a qualified domestic relations order within the meaning of the Internal Revenue Code of 1986, as amended.4 The QDRO also identified Mr. Kelley as the “plan participant” and petitioner as the “alternate payee”. As to petitioner, the QDRO included the following provisions: 4. This Order hereby creates and recognizes as to the [Aerospace Employees’ Retirement] Plan described above the existence of the Alternate Payee’s right as of June 11, 1986 to 50% in said Plan, plus any cost of living adjustments. 5. The Alternate Payee elects the SINGLE LIFE ANNUITY under the Plan to receive her benefits in the Plan created and recognized in Paragraph 4 of this Order. After entry of the QDRO, petitioner began to receive, directly from the administrator of the Retirement Plan, her 50- percent interest in Mr. Kelley’s retirement benefits. Petitioner received these benefits through direct deposit to her bank account on the first of each month. Shortly after the end of each calendar year, petitioner also received a Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit- Sharing Plans, IRAs, Insurance Contracts, etc., or similar 4 The order also stated that it was “intended to be a QDRO pursuant to the [California Family Law] Act, and its provisions shall be administered and interpreted in conformity with the Act.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011