Dividing Pensions and Other Employee Benefits in California Divorces
Dividing Pensions and Other Employee Benefits in California Divorces
Written by specialists using a task-oriented approach, this book guides you confidently through California and applicable federal law.
- Learn key procedural steps, including interim court orders, to secure all employee benefits on divorce
- Effectively deal with both corporate and union employee benefit plans
- Understand how to characterize/divide benefits under private and public California and federal benefit plans, including PERS, STRS, military, railroad, and civil service
- Determine types of ERISA benefit coverage and how to utilize/draft QDROs; avoid preemption issues
- Appropriately use "time rule" divisions and "Gillmore" orders
- Accurately divide/allocate interests in stock options, 401(k)s, executive and small business plans, and IRA accounts
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Table of Contents
Table of Contents
- 1. Case Assessment and Planning
- 2. Initial Procedures and Pretrial Orders
- 3. Discovery and Valuation of Employee Benefits
- 4. Settlement-, Trial-, and Judgment-Related Matters
- 5. Employee Benefit Plans Governed by ERISA
- 6. Use of QDROs to Divide Employee Benefits and Provide for Support
- 7. Review of QDROs by Corporate Employee Benefit Plans
- 8. Review of QDROs by Union Employee Benefit Plans
- 9. Employee Welfare and Other Nonpension Benefits
- 10. Stock Options and Benefits Under Executive Business Plans
- 11. IRA Accounts and Small-Employer Plans
- 12. California Public Employees’ Retirement System Benefits
- 13. California State Teachers’ Retirement System Benefits
- 14. County and Municipal Employee Benefits
- 15. Federal Employees’ Retirement System Benefits
- 16. Civil Service Retirement System Benefits
- 17. Military Retirement Benefits
- 18. Railroad Retirement Benefits
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