Dwight S. & Antonina K. Platt - Page 20




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          at 58, or the owner of an interest in such a plan, as the parties           
          apparently argue here, for purposes of that section, Mr. Bangs,             
          and not Ms. Platt, was the distributee under the Baltimore County           
          pension plan, unless the divorce decree qualifies under section             
          414(p) as a QDRO.                                                           
               The final argument that Mr. Bangs advances in support of his           
          position in these cases and that we consider now is that the                
          divorce decree involved in these cases qualifies under section              
          414(p) as a QDRO.  If the divorce decree were to qualify as such,           
          Ms. Platt would be an alternate payee29 under the Baltimore                 
          County pension plan.  In that event, she would be treated for               
          purposes of section 402(a) as the distributee under that plan of            
          the payments to which she was entitled pursuant to the divorce              
          decree provision in question.  See sec. 402(e)(1)(A).                       
              We reject Mr. Bangs’ argument that the divorce decree                  
          qualifies under section 414(p) as a QDRO.30  The QDRO provisions            


               29Sec. 414(p)(8) defines the term “alternate payee” as “any            
          spouse, former spouse, child or other dependent of a participant            
          who is recognized by a domestic relations order as having a right           
          to receive all, or a portion of, the benefits payable under a               
          plan with respect to such participant.”                                     
               30We note that the parties stipulated (QDRO stipulation):              
          “No ‘qualified domestic relations order’ (‘QDRO’) has been issued           
          to either Antonina K. Platt or Herbert Bangs either on March 2,             
          1983 or at any time thereafter.”  None of the parties argues that           
          the QDRO stipulation means that the divorce decree involved in              
          the instant cases may not qualify under sec. 414(p) as a QDRO.              
          We shall independently address whether that divorce decree so               
          qualifies.                                                                  





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