Joint Trustees of the International Longshore & Warehouse Union-Pacific Maritime Ass'n Pension Plan v. Ross

MEMORANDUM

These cross-appeals from the entry of summary judgment in an interpleader action concern a dispute regarding the distribution of survivor pension benefits by the Joint Trustees of the International Long-shore & Warehouse Union — Pacific Maritime Association Pension Plan (“the Plan”). Kim E. Ross (“Mrs.Ross”) appeals the district court’s award of 100% of Joseph E. Ross’s (“Mr.Ross”) survivor benefits to Jeanette Pritchow, Mr. Ross’s former wife. Ms. Pritchow appeals the denial of her request for attorneys’ fees. We affirm.

(1) The district court did not err in interpreting the Qualified Domestic Relations Order (“QDRO”) agreed to between Ms. Pritchow and Mr. Ross as awarding 100% of the survivor benefits to Ms. Prit-chow. The plain language of the QDRO states that Ms. Pritchow is entitled to “the entirety of the survivor benefit payable pursuant to the Plan.” Although Washington law applies a community property presumption that when a spouse continues to accumulate pension benefits following divorce, the former spouse should receive only those benefits that accrued during the marriage, state law does not mandate that approach. See Chavez v. Chavez (In re Chavez), 80…