McDermott v. McDermott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
In her seemingly classic though recent study of the economic and social consequences of modern divorce laws, Professor Weitzman observes concerning pensions: "A divorced person who has been awarded a share of his or her spouse’s pension may still face problems in collecting the benefit. One problem occurs if the worker elects to forego survivor’s coverage. Under most pension plans, a worker can opt for a reduced pension to provide a survivor’s benefit for his widow, or can opt for full monthly checks during his lifetime. Many workers elect to 'opt out’ or waive…
2Cases cited40 opinions
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Auerbach v. BennettNew York Court of Appeals · 1979
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- United States v. DavisSupreme Court of the United States · 1962
- Tucker v. TuckerNew York Court of Appeals · 1982
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3Cited by32 opinions
- Wegman v. WegmanAppellate Division of the Supreme Court of the State of New York · 1986
- Pangea Capital Mgmt., LLC v. LakianCourt of Appeals for the Second Circuit · 2018
- Kaplan v. KaplanNew York Court of Appeals · 1993
- Prince George's County Police Pension Plan v. BurkeCourt of Appeals of Maryland · 1991
- Clinton v. SummersAppellate Division of the Supreme Court of the State of New York · 1988
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