Women's Pension Equity: Hearing Before the Select Committee on Aging, House of Representatives, Ninety-eighth Congress, First Session, June 14, 1983

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U.S. Government Printing Office, 1983 - 369 pages

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Page 263 - marital property" means all property acquired by either spouse subsequent to the marriage except: (1) property acquired by gift, bequest, devise, or descent; (2) property acquired in exchange for property acquired prior to the marriage...
Page 208 - ... shall remain the property of such party and may not be subjected to a property division under this section except upon a finding that refusal to divide such property will create a hardship on the other party or on the children of the marriage, and in that event the court may divest the party of such property in a fair and equitable manner. The court shall presume that all other property is to be divided equally between the parties, but may alter this Citeas304S.E.2d312 (W.Va.
Page 129 - II of fund assets, subsidizing the start-up expenses in the early stages. 17. Modification of ERISA Repayment Provisions ERISA section 204(d) and Internal Revenue Code section 411(a)(7), which provide for the cash-out of lump sums, also state that if a partially vested employee receives a lump sum distribution of his vested pension and is later reemployed, the plan must provide full past service credit for the period for which he has already received a benefit unless (a) the plan allows him to repay...
Page 103 - ERISA's minimum requirements. An employer whose objective is to provide a retirement income for employees has no incentive to move to earlier vesting if the result is small pensions vested after a few short years, which must be cashed out to solve the practical problems of administering small vested pensions. Such earlier vesting does not provide the retirement income the employer intends. If a central clearinghouse were established to accept and administer small pension amounts, it might make earlier...
Page 263 - ... division herein provided for without great prejudice to the parties interested, the court shall order a sale of said real estate to be made by a commissioner to be appointed by the court for that purpose, at public auction to the highest bidder upon the terms and conditions, and at the time and place fixed by the court; and the proceeds of every such sale after deducting the cost and expenses of the same, including the fee allowed said commissioner by said court for his services, shall be paid...
Page 202 - For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances.
Page 263 - For purposes of this article only, 'marital property' means all property acquired by either spouse subsequent to the marriage except: "(a) Property acquired by gift, bequest, devise, or descent...
Page 232 - As to such property, whether real or personal, as shall have been acquired by the parties jointly during their marriage, whether the title thereto be in either or both of said parties, the court shall make such division between the parties respectively as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to pay such sum as may be just and proper to effect a fair and just division thereof.
Page 263 - ... shall have been relinquished by her in legal form, and every such final order or judgment shall designate the specific property, both real and personal, to which such wife is entitled ; and when it appears from the evidence in the case, to the satisfaction of the court, that such real estate is not susceptible of the division herein provided for without great prejudice to the parties interested, the court shall order a sale of said real estate to be made by a commissioner...
Page 206 - Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce, whether from the bond of matrimony or from bed and board, and upon decreeing that neither party is entitled to a divorce the court may make such further decree as it shall deem expedient concerning the estate and the maintenance of the parties, or either of them...

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