Alberici Corp. v. Helen E. Davis
Opinion
Helen Davis appeals the district court’s grant of summary judgment in favor of Alberici Corporation and Gary Davis, holding a domestic relations order entered in connection with the Davis’s divorce was not a qualified domestic relations order (QDRO) as defined by 29 U.S.C. § 1056(d)(3)(D)(ii) of the Employee Retirement Income Security Act. The district court 1 concluded the domestic relations order would require Alberici to pay Helen benefits in excess of the amount in Gary’s retirement account. Therefore, it violated § 1056(d)(3)(D)(ii)’s prohibition against paying increased benefits and was not a QDRO. We agree. Because an extended discussion would add nothing to the well-reasoned order of the district court, we affirm under 8th Cir. R. 47B.
. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- ALBERICI CORPORATION, as Plan Administrator for Alberici Companies Retirement Plan; Plaintiff-Appellee, Gary Davis, Intervenor Plaintiff-Appellee, v. Helen E. DAVIS, Defendant-Appellant
- Status
- Unpublished