Spoke v. Commissioner of Jobs & Training

OPINION

HAROLD W. SCHULTZ, Judge.

Robert Spoke seeks review of a decision by the Department of Jobs and Training which determined that he was receiving a portion of his pension payable to his wife pursuant to a decree of marriage dissolution. We reverse.

PACTS

On May 5, 1986, relator Robert Spoke’s marriage was dissolved. The order for dissolution was characterized as a “Qualified Domestic Relations Order”, in compliance with the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1056(d)(3) (1985). Pursuant to the terms of that order, Spoke’s pension from his…