Rosales v. Rosales

120 P.3d 269, 108 Haw. 370, 2005 Haw. App. LEXIS 358
CourtHawaii Intermediate Court of Appeals
DecidedAugust 22, 2005
DocketNo. 26450
StatusPublished
Cited by1 cases

This text of 120 P.3d 269 (Rosales v. Rosales) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosales v. Rosales, 120 P.3d 269, 108 Haw. 370, 2005 Haw. App. LEXIS 358 (hawapp 2005).

Opinion

Opinion of the Court by

BURNS, C.J.

Plaintiff-Appellant Suzanne Marie Rosales (Suzanne) appeals from the February 13, 2004 Order Granting Defendant Arnold G. Rosales, Jr.’s Motion for Issuance of Domestic Relations Order Filed on January 6, 2004 (February 13, 2004 Order), entered by Judge Bode Uale. We affirm in part, vacate in part, and remand with instructions.

BACKGROUND

The September 22, 1986 Decree Granting Absolute Divorce and Awarding Child Custody (Divorce Decree) terminating the marriage of Suzanne and DefendanU-Appellee Arnold G. Rosales, Jr. (Arnold) states, in relevant part, as follows:

C. PENSION RETIREMENT PAY
[Arnold] has submitted himself to the jurisdiction of the Family Court of the First Circuit of the State of Hawaii to make binding orders dividing the interests the parties have in the retirement benefits which have been accumulated during the marriage of the parties.
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Upon [Arnold’s] retirement from the State Farm Insurance Company, [Suzanne] shall receive in the form of an allotment made payable directly to [Suzanne] from the Program Administrator a percentage of [Arnold’s] gross retirement pay. Said percentage shall be determined according to a formula of 20/N x 0.5 = X where N = the number of years [Arnold] is credited with at retirement for retirement pay purposes.
As an example, if [Arnold] retires and is credited with twenty-four (24) years of service for retirement purposes, [Suzanne] shall be entitled to 41.66% of said retirement pay computed as follows:
[372]*37220/24 = 0.8333 x 0.5 = 41.66%
As an additional example, if [Arnold] retires and is credited with twenty-six and one-half (26 ½) years of service for retirement pay purposes, [Suzanne] shall be entitled to 37.74% of said retirement pay computed as follows:
20/26.5 = 0.7547 x 0.5 = 37.74%
The Court reserves jurisdiction to make appropriate allocation if the tax consequences are other than as contemplated.

On January 6, 2004, .Arnold filed a motion for the issuance of a domestic relations order. The “Memorandum in Support of Motion” states, in relevant part, as follows:

After approximately 31 years of service at State Farm Insurance Company, [Arnold] was given an opportunity to take a severance package and was offered a State Farm Insurance Companies Early Retirement Severance Compensation Plan which, in addition to his normal retirement pay, included two (2) severance incentives: (1) an Early Retirement Incentive Enhancement and (2) a Social Security Supplement.
The Early Retirement Incentive Enhancement provided [Arnold] with, among other things, retirement enhancement pay, an additional 4 years of credited service and 3 years of age (for purposes of the early retirement reduction).
The Social Security Supplement is a monthly payment equal to the estimated monthly Social Security old age benefits [Arnold] would be receiving at age 62. This benefit would end when [Arnold] reached 62 years of age; the same time [Arnold] would begin to receive Social Security benefits.
With regards to his retirement benefits plan, [Arnold] opted to receive “Life Income with Ten Years Certain.” This option allowed [Arnold] to receive retirement benefits for his lifetime; however, if he were to die before ten years had passed since first receiving benefits, [Arnold’s] named beneficiary would receive the same amount of money for the remainder of the ten year period.
On July 1, 2003, [Arnold] officially retired at the age of 57.
On or about August 6, 2003, [Arnold] received a letter from Kristen Sligar, Manager Associate Services Center for State Farm Insurance Company, stating that he was to begin receiving his- early retirement benefits of $4,510.90 (monthly gross amount); this was broken down into two payments, one totaling $3,173.90 (representing his un-enhanced retirement benefits of $2,460.38 plus the enhancement of $713.52) and the other totaling $1,337.00 (representing his “Social Security Supplement”).
These two (2) payments are reflected in the Notice of Retirement Benefits paid to [Arnold] in August 2003, and the two payments reflect and document that they represent two distinct payments and two separate accounts (RB-2091-6093 and RB-2093-8657).
Sometime thereafter, [Suzanne] sent a copy of the Decree to State Farm Insurance Company. Upon receipt of the [Decree, State Farm Insurance Company withheld payment of any benefits to [Arnold].
On October 7, 2003, Thomas M. Deigh-an, counsel for State Farm Insurance Company notified [Arnold’s] counsel that it would be withholding 50% of [Arnold’s] total gross income (the retirement, the retirement enhancement pay, and Social Security Supplement) because of various uncertainties in the Decree. More specifically, Mr. Deighan stated that the Decree was not a Qualified Domestic Relations Order and that he would not authorize any other payment until a Domestic Relations Order was qualified by the Plan Administrator for the Retirement Plan.

(Citations to attached exhibits are omitted.)

After a hearing on January 28, 2004, the family court entered the February 13, 2004 Order which states, in relevant part, as follows:

2. [Arnold] is credited with thirty-five (35) years of service for retirement purposes;
3. [Suzanne] is entitled to 28.57% of [Arnold’s] gross retirement pay;
[373]*3734.[Arnold’s] gross retirement pay does not include [Arnold’s] retirement enhancement or Social Security Supplement;
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6. Should [Arnold] die within ten (10) years from the date of his retirement, [Suzanne] will receive a 28.57% share of the retirement payments made to [Arnold’s] beneficiary for the remainder of those ten (10) years.

Suzanne filed a notice of appeal on March 15, 2004.

On March 22, 2004, the family court entered a Domestic Relations Order. It states, in relevant part, as follows:

THE COURT HEREBY FINDS AND ORDERS as follows:
1. The retirement plan to which this Order applies is the State Farm Insurance Companies Retirement Plan for United States Employees, hereinafter referred to as the “Plan.”
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3. From the first day of the month next following the Determination Date and for as long as both [Arnold] and [Suzanne] are still living, [Suzanne] shall receive $702.93 [28.57% of $2,460.38] of the monthly retirement income benefit payable under Option B-Life Income With Ten-Years Certain. [Arnold] shall be entitled to the balance of the monthly retirement income benefit. If [Arnold] predeceases [Suzanne] before payments have been made under Option B for ten years, [Suzanne] or [Suzanne’s] estate shall receive $702.93 a month (or the commuted value thereof, if benefits become payable to [Suzanne’s] estate)1

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Cite This Page — Counsel Stack

Bluebook (online)
120 P.3d 269, 108 Haw. 370, 2005 Haw. App. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosales-v-rosales-hawapp-2005.