Marriage of Rush CA3

BACKGROUND

David and Virginia were married on March 21, 1977, and separated on July 6, 1993. On August 1, 1995, Virginia and David executed a document titled “Stipulation and Order Dividing Community Interest in Employee Benefit Plan -- Qualified Domestic Relations Order.” On September 25, 1995, the family court signed the stipulated order, which was filed September 26, 1995, and contemporaneously signed and entered a

Eastern District of California (Moon v. Rush (E.D. Cal., Sept. 10, 2012, No. 2:11-cv- 03102-GEB-CKD) [2012 WL 3962520]). Respondents’ request is granted.

3 stipulated judgment dissolving the marriage. Until late 2011, the last item in the family court’s file was a notice filed on November 1, 1995, regarding the withdrawal of Virginia’s attorney. At all relevant times, David was a lawyer practicing with a firm in Chico. His firm’s 401(k) plan was named in the DRO. Paragraph 1 of the DRO identified Virginia as alternate payee, and David as participant, in the community property portion of certain assets within the plan. The DRO directed that any notices to the plan be sent to David as trustee. The word “administrator” was crossed out. The DRO provided that the…