Case: Hired by client to review the terms of his pension plan along with the terms of his divorce decree and the Qualified Domestic Relations Order that had been entered at the time to divide his pension for the benefit of the ex spouse. His company had informed him that if he elected his early retirement, his ex-Wife would receive about one third of his “early incentive pay.”
Result: We brainstormed the issues with a colleague and had conversations with legal counsel for the company. Ultimately we sent a letter stating our position that the ex-Wife should not receive any portion of our client’s early incentive pay since it was not part of his pension. He received the entire amount.