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eBook details

• Title: Early v. State Bd. of Retirement
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 24, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Public Employment, Retirement. Retirement. Divorce and Separation, Division of property. ABRAMS, J. After a marriage of more than twenty years, the plaintiff, Barbara A. Early, divorced her husband, Gerald J. Early, in 1991. The judgment of divorce included a qualified domestic relations order (QDRO), pursuant to G. L. c. 208, § 34 (1994 ed.), dividing the two major marital assets - the marital home and the husband's public employee pension rights accrued until the date of the divorce judgment - according to a sixty-forty ratio in favor of the plaintiff. In dividing the pension benefits, the QDRO indicated that the State Board of Retirement (board) was to establish a separate account for the plaintiff, who was not a public employee, within the State employee retirement system (system). The account was to be independent of the former husband's existing account and was to consist of the then present value of 31.56 percent of the former husband's accrued benefits. The plaintiff's eligibility for the benefits allocated to her independent account was not tied to her former husband's eligibility to collect his remaining pension benefits.

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