Dwight S. & Antonina K. Platt - Page 19




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          plan” as part of a divorce settlement.  Md. Code Ann., Fam. Law             
          sec. 8-205(a)(2)(i)(West 2007).28  See generally Klingenberg v.             
          Klingenberg, supra at 555-556.                                              
               On the record before us, we find that Ms. Platt was not the            
          owner of an interest in the Baltimore County pension plan.  On              
          that record, we further find that, regardless of whether in the             
          context of a governmental plan, such as the qualified pension               
          plan involved in the instant cases, the term “distributee” in               
          section 402(a) means the participant or the beneficiary under               
          such a plan, as the Court held in Darby v. Commissioner, 97 T.C.            

               28Md. Code Ann., Fam. Law, sec. 8-205(a)(West 2007) provides           
          in pertinent part:                                                          
                    (a)(1) * * * after the court determines which                     
               property is marital property, and the value of the                     
               marital property, the court may transfer ownership of                  
               an interest in property described in paragraph (2) of                  
               this subsection, grant a monetary award, or both, as an                
               adjustment of the equities and rights of the parties                   
               concerning marital property, whether or not alimony is                 
               awarded.                                                               
               (2) The court may transfer ownership of an inter-                      
               est in:                                                                
                         (i) a pension, retirement, profit sharing, or                
                    deferred compensation plan, from one party to                     
                    either or both parties;                                           
                         (ii) subject to the consent of any                           
                    lienholders, family use personal property, from                   
                    one or both parties to either or both parties; and                
                         (iii) subject to the terms of any lien, real                 
                    property jointly owned by the parties and used as                 
                    the principal residence of the parties when they                  
                    lived together * * *                                              





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