ONCALL
...
Family Law
......Employment Benefits-Other
5 Cards On This Topic:
A summary plan document constitutes a formal ERISA plan document where it is necessary to meet ERISA's requirements for constituting a plan.
A legally separated spouse is a surviving spouse for purposes of an award of county continuance pension benefits.
W's share of retirement became her s/p on the date of the judgment and she was thereafter entitled to any gains or losses thereon.
If W wanted H's retirement account valued at any date other than date of trial, it was incumbent on her to seek an alternate valuation date.
A motion to vacate the default judgment was not necessary because FC §2556 provides the trial ct. with continuing jurisdiction to hear motion for adjudication of omitted assets.