Margret Louise Kelley - Page 5

                                        - 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