SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

UNIFIED FAMILY COURT

BOLESLAW MARTOWICS, ) Case Number: FDI-13-780586
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Petitioner ) Hearing Date: March 15, 2018
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VS. ) Hearing Time: 9:00 AM
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MELBA Y. MARTOWICS, ) Department: 403
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Respondent ) Presiding: ROGER C. CHAN
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REQUEST FOR ORDER RE: AMENDED QDRO

TENTATIVE RULING

The Court has read and considered the pleadings, declarations, and other evidence submitted in this matter. After full consideration of these matters, and for good cause shown, the Court makes the following findings and orders:

1. Judgment of Dissolution was entered on 8/16/16. Pursuant to the Judgment, there is a community interest in Respondent’s Kaiser Permanente Employees Pension Plan (KPEPP) and Kaiser Permanente 401(k) Retirement Plan (KP401k). The parties agreed and were ordered to “cooperate and equally share in any and all costs required to create the QDRO’s.” They further agreed to utilize Moon, Schwartz & Madden to create the QDRO’s for KPEPP and KP401k. The Stipulation for Division of the KP401k and Qualified Domestic Relations Order was filed on 7/12/17. The Stipulation for Division of KPEPP Pension Benefits and Qualified Domestic Relations Order was filed on 10/18/17.

2. Because the parties are unable to agree on the proposed amended QDRO, the parties are ordered to follow the Marital Settlement Agreement and to cooperate with Moon, Schwartz & Madden to amend the QDRO if necessary.

3. In the absence of a QDRO, ERISA preemption precludes enforcement of a community property division order against the plan. Therefore, the Court does not have jurisdiction to order the reimbursements from Kaiser as requested by Petitioner at this time.

4. The matter is set for review hearing on the status of the QDRO on 9/13/18 at 9:00 a.m. in Department 403. The Court reserves jurisdiction on Petitioner’s request for order of reimbursement.

5. Counsel for Petitioner shall prepare the order.