
beenthere
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Reged: 02/12/05
Posts: 40
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Re: Retirement waived for CRDP/CRSC post final decree
10/11/06 08:36 PM
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Sorry but this was not a Colorado case and the ruling was just made on October 4th this year, not many years ago. In the case of CRSC or CRDP, the retiree still has to voluntarily "waive" their retirement in order to receive one or the other of the two. In the case of a divorce and the former spouse has been receiving a portion of retirement as a property division, the former spouse stands to lose some if not all of their portion since CRSC is considered "non divisible" for the purpose of property division. In the case of CRDP, the former spouse still stands to lose a portion depending on the percentage of the retiree's disability. This ruling will make a statement as to the unjustness of the ability of the retiree to unilaterally reduce or completely halt the amount of the former spouse's share of the property settlement while at the same time increasing their own share which just so happens to also be nontaxable.
Edited by beenthere (10/11/06 08:53 PM)
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