Smith v. Smith

938 A.2d 246, 595 Pa. 80, 2007 Pa. LEXIS 2877
CourtSupreme Court of Pennsylvania
DecidedDecember 27, 2007
Docket62 MAP 2006
StatusPublished
Cited by30 cases

This text of 938 A.2d 246 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Smith, 938 A.2d 246, 595 Pa. 80, 2007 Pa. LEXIS 2877 (Pa. 2007).

Opinions

Justice BAER.

Over the past two decades, this Court has divided repeatedly with respect to the proper method for equitably distributing defined benefit pensions between employee and non-employee spouses. Faced once again with determining what portion of a pension, including any postseparation increase in the pension, is marital property subject to equitable division, we [84]*84revisit the divergent policies expressed in our prior cases and examine the legislature’s response in amending the Divorce Code’s definition of marital property to address defined benefit pensions. See 23 Pa.C.S. § 3501(c)(1). After considering the legislative intent, we conclude that a large portion of the increase in the pension benefit in this case did not arise “from postseparation monetary contributions made by the employee spouse,” see id., but instead resulted solely from the legislature’s creation of a new class of pension benefits. Therefore, we hold that the portion of the increase resulting from legislative action constitutes marital property subject to equitable distribution. Contrarily, we find that a small portion of pension did result from postseperation monetary contributions made by the employee spouse, and that this portion should be characterized as nonmarital. We reverse the decision of the Superior Court to the extent it is contrary herewith, and remand to the trial court for implementation.

F. Andrew Smith (“Husband”) and Therese A. Smith (“Wife”) were married in August 1974 and separated in January 1995. Before, during, and after the marriage, Husband was employed by the Commonwealth of Pennsylvania in the Department of Corrections, accruing pension benefits through the Pennsylvania State Employees Retirement System (“SERS”), as established pursuant to the State Employees’ Retirement Code, 71 Pa.C.S. § 5101 et seq.1 In September 1997, a master valued Husband’s pension at approximately $277,610. The master found that Wife was entitled to approximately 50% of the pension, but reduced the total value of her share to account for the award to Wife of other assets.

Both parties filed exceptions to the master’s report. Following the April 1998 entry of a divorce decree, the trial court addressed the parties’ exceptions and, in July 1998, ordered them to implement the distribution scheme set forth in the court’s opinion, which in relevant part provided:

[85]*85Thus, because marital property includes interest increases on the marital portion of a pension, the stipulated value of Husband’s pension at $277,609.52 must be increased by the appropriate interest amount. Wife is awarded 49.62301 percent of the pension or $137,758.20, as set forth more fully below. The parties are to submit to the Court a Qualified Domestic Relations Order developed by a CPA providing that Wife receive 49.62301 percent of Husband’s pension, including the 4 percent interest compounded annually attributable thereto, as of the date of separation.[2]

Tr. Ct. Op., 7/20/1998, at 6. For reasons unrelated to the issues on appeal, the parties were unable to agree upon a Qualified Domestic Relations Order (“QDRO”),3 despite being ordered a second time to file the document following the resolution of other equitable distribution issues in October 1998.

Before the parties could agree upon and file a QDRO, the General Assembly enacted Act 2001-9 in May 2001 to address a surplus in SERS by creating new classes of membership with increased benefits: “The increase in benefits for State and school employees provided herein will in effect allow them for the first time to share in the outstanding investment performance of the funds. To date, that experience has only benefited the employers through reduced contributions to the funds.” Act of May 17, 2001, P.L. 26, No. 9. Under Act 2001-9, Husband, who was previously a “Class A member,” [86]*86could elect to transfer to the new “Class AA” with a potential 25% increase in his entire pension effective July 1, 2001.

Provided that an election to become a Class AA member is made pursuant to section 5306.1 (relating to election to become a Class AA member), a State employee ... who on June 30, 2001, and July 1, 2001, is ... a member of Class A ... shall be classified as a Class AA member and receive credit for Class AA State service performed after June 30, 2001, upon payment of regular member contributions for Class AA semce[,] and ... shall receive Class AA service credit for all Class A State service ... performed before July 1,2001.

71 Pa.C.S. § 5306(a.l)(3) (emphasis added). The election resulted in a change in the “class of service multiplier” from 1 to 1.25. 71 Pa.C.S. § 5101 (“Class of Service Multiplier”). The change in the class of service multiplier in turn caused an increase from 2 to 2.5 in the multiplier used by SERS for calculating Husband’s pension benefits (hereinafter “SERS multiplier”).4 Notes of Testimony (“N.T.”), 5/27/04, at 17 (Testimony of SERS representative). The General Assembly conditioned the prospective increase in benefits only for service after June 30, 2001 on increased member contributions in pay periods after January 2002. 71 Pa.C.S. § 5306(a.l)(3), Act No. 2001-9 § 1(4) (“Participation in the enhanced benefit accrual rate should not be mandatory for current members. Members who elect to participate should have to agree, as provided herein, to increase employee contributions as consideration for their future receipt of enhanced benefits after the termination of service.”). Accordingly, while the increase in the SERS multiplier from 2 to 2.5 became effective as of July 2001, the increase in the contribution rate from 5% to 6.25% applied to pay received as of January 2002. N.T., 5/27/04, at 17-20.

[87]*87To elect to become a Class AA member, an employee was required to file written notice with the State Employees’ Retirement Board before January 1, 2002, or before the member terminated service, whichever occurred first. 71 Pa.C.S. § 5806.1(b). The election would then be effective on the “later of July 1, 2001, or the date when the election is filed with the board.” Id. § 5306.1(c). On June 18, 2001, Husband elected Class AA status, effective July 1, 2001.5 On the same day, Wife filed a petition for special relief regarding the parties’ inability to agree upon a QDRO. After Husband filed an answer, Wife sought a continuance, which was granted.

Prior to any hearing on the QDRO and apparently without notice to Wife, Husband retired in July 2002. As of his retirement, Husband had paid the increased contribution rate for approximately seven months. When he retired, Husband’s pension entered pay status and Husband chose Option 1 with Option 4. As explained in Husband’s SERS Statement of Account, Option 1 “provides reduced monthly benefits to [the employee] for life. All monthly benefits are reduced from the Present Value. Any balance remaining at [his] death will be paid to [his] beneficiary(ies).” SERS Statement of Account, Plaintiff Exhibit A, 5/7/04 Hearing. Under Option 4, an employee “may receive all or a portion of [the] accumulated deductions (contributions or interest) in a lump sum or installment payments and receive reduced monthly benefits under one of the other retirement options.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kemnitz, A. v. Kemnitz, M.
Superior Court of Pennsylvania, 2023
Conrad, D. v. Conrad, S.
Superior Court of Pennsylvania, 2023
Bowman, J. v. Bowman, S.
Superior Court of Pennsylvania, 2021
Reis, G., III v. Reis, S.
Superior Court of Pennsylvania, 2020
Lemmo, J. v. Lemmo, C.
Superior Court of Pennsylvania, 2020
Swartz, B. v. Swartz, E.
Superior Court of Pennsylvania, 2020
Getty, J. v. Getty, M.
2019 Pa. Super. 309 (Superior Court of Pennsylvania, 2019)
Jago, G. v. Jago, T.
2019 Pa. Super. 246 (Superior Court of Pennsylvania, 2019)
Caperelli, C. v. Caperelli, V.
Superior Court of Pennsylvania, 2019
Conway, M. v. Conway, J. v. City of Erie Police
209 A.3d 367 (Superior Court of Pennsylvania, 2019)
Fetters, E. v. Fetters, C.
Superior Court of Pennsylvania, 2019
Washington, S. v. Hamilton, H.
Superior Court of Pennsylvania, 2018
Hankey, A. v. Hankey, J., Jr.
Superior Court of Pennsylvania, 2018
Pullett, D. v. Pullett, C.
Superior Court of Pennsylvania, 2018
Smith v. Henley
65 V.I. 179 (Superior Court of The Virgin Islands, 2016)
Bortz, T. v. Bortz, S.
Superior Court of Pennsylvania, 2016
Grothey, C. v. Grothey, T.
Superior Court of Pennsylvania, 2016
Martinez, A. v. Martinez, Sr., I.
Superior Court of Pennsylvania, 2015
Piotti, J. v. Piotti, J.
Superior Court of Pennsylvania, 2015
Lucas, D. v. Daum, J.
Superior Court of Pennsylvania, 2015

Cite This Page — Counsel Stack

Bluebook (online)
938 A.2d 246, 595 Pa. 80, 2007 Pa. LEXIS 2877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-pa-2007.