WHITFIELD V. WHITFIELD 222 N.J. Super. 36 (App. Div. 1987) A pension should be valued as if vested, even if employee is not vested as of date of complaint.
MOORE V. MOORE 114 N.J. 147 (1989) At time of valuation, use post-retirement cost of living adjustment (if the Plan has cost of living adjustment) in computing present value of pension. The court left open the use of pre-retirement cost of living salary raises.
MARX V. MARX 265 N.J. Super 418, 627 A.2d 891 (1993) Marital portion under a QDRO is the benefit at retirement x coverture fraction at retirement (same finding as Risoldi).
HAYDEN V. HAYDEN 284 N.J. Super. 418 (1995) Use post-retirement cost of living adjustment, if it is in the Plan, but do not use salary adjustment after the date of filing of complaint.
WHITE V. WHITE 284 N.J. Super. 300 (1995) If employee spouse does not participate in Social Security, the pension award to the non-employee spouse should be offset by the Social Security earned by the non-employee spouse during the marriage.
EISENHARDT V. EISENHARDT 325 N.J. Super. 576 (1999) If the early retirement incentive is given before the date of complaint, Reinbold still applies. Thus, the coverture is based on actual service only, and does not include additional service given as part of the early retirement incentive.
RISOLDI V. RISOLDI 320 N.J. Super 524 (1999) A present value for purposes of immediate offset is calculated using the benefit accrued as of the date of complaint, along with post-retirement cost of living increases. However, in a deferred distribution (QDRO or QDRO-like Domestic Relations Order), the entire actual benefit at retirement is used, multiplied by the appropriate coverture fraction, "applied at the time the benefits convert to pay status at retirement."
PANETTA V. PANETTA 370 N.J. Super. 486 (App. Div. 2004) In a deferred distribution, the marital portion is defined under Risoldi to be the benefit at retirement x coverture fraction at retirement. The benefit as of date of complaint was used incorrectly. If the employee does not pay into Social Security, the Social Security offset under White is determined by the non-employee spouse’s actual Social Security earned during the marriage. The employee spouse’s imputed Social Security that would have been acquired had he paid into Social Security was used incorrectly.
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