LexyCorpus case page
CourtListener opinion 10745938
Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- 167 A.3d 127
- Docket / number
- 1055 MDA 2020
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 10745938 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“were in excess of Husband's in the amount of $51,723.64, Wife was required to pay Husband one-half of the difference. -2- J-A07002-21 Following the Divorce Master's recommendation, the parties asked Jonathan Cramer of Conrad Siegel Inc. to prepare a qualified domestic relations order[ ("QDRO")] to effectuate the Divorce Master's decision regarding the pensions. When Mr. Cramer prepared a QDRO, he indicated that Wife's share should be paid to Husband's estate should Husband die first. Wife objected to this language. The parties resubmitted the issue to the Divorce Master, who vacated his initial report and solicited additional argu”
retirement benefits“ing benefits should Wife predecease him. Wife's monthly gross benefit as a result of her PSERS pension was $3,738.68. Wife began receiving Social Security benefits in the amount of $1,572 in 2016 when she reached sixty-two years of age. In addition to the retirement benefits, the parties' assets include a marital residence, vehicles, various bank accounts and personal property items. On January 15, 2016, Husband filed a Complaint in Divorce raising claims of divorce and equitable distribution. On January 18, 2019, Wife filed a motion for the appointment of a special master in divorce (hereafter Divorce Master). A Divorc”
pension“and mental health issues. Husband was fifty-five years old at the time of retirement earning approximately $55,000 annually. As a result of his retirement, Husband commenced benefits under his Public School Employment Retirement System (hereinafter PSERS) pension. The parties agreed that Husband would elect a single life annuity upon his retirement to provide him greater monthly benefit during ____________________________________________ * Former Justice specially assigned to the Superior Court. J-A07002-21 his lifetime, understanding that Wife would not be entitled to any survivor benefits upon his death. Ac”
alternate payee“numerical form omitted). Wife filed exceptions, challenging the continuation of payments should Husband predecease her. The trial court disagreed and entered a final decree which, inter alia, provided that the QDRO include the following language: "If the Alternate Payee dies before the Member, the Alternate Payee's share of the Member's annuity payable to PSERS shall be paid to the Alternate Payee's estate for the Member's lifetime." Final Decree, 7/21/20, at 4. Wife filed a timely notice of appeal, and both Wife and the trial court complied with Pa.R.A.P. 1925. Wife presents the following question for our resolution”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 167 A.3d 127 · docket: 1055 MDA 2020
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
J-A07002-21
2021 PA Super 133
CARL W. JAGNOW : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
SHARON A. JAGNOW :
:
Appellant : No. 1055 MDA 2020
Appeal from the Order Entered July 21, 2020
In the Court of Common Pleas of Lebanon County Civil Division at No(s):
2016-20038
BEFORE: BOWES, J., DUBOW, J., and STEVENS, P.J.E.*
OPINION BY BOWES, J.: FILED JUNE 29, 2021
Sharon A. Jagnow ("Wife") appeals from the order that provided for the
equitable distribution of the marital property of Wife and Carl W. Jagnow
("Husband") and decreed the parties divorced. We affirm.
The trial court offered the following summary of the history of this case.
[Husband] and [Wife] were married on October 22, 1983
and separated on January 15, 2016. No children were born of the
marriage. Husband was born in January 1948 and is seventy-one
years old. Wife was born in April 1954 and is sixty-five years old.
Both parties have a degree in education and were employed
as teachers prior to marriage. Husband retired from the Northern
Lebanon School District in 2003 due to physical and mental health
issues. Husband was fifty-five years old at the time of retirement
earning approximately $55,000 annually. As a result of his
retirement, Husband commenced benefits under his Public School
Employment Retirement System (hereinafter PSERS) pension.
The parties agreed that Husband would elect a single life annuity
upon his retirement to provide him greater monthly benefit during
____________________________________________
* Former Justice specially assigned to the Superior Court.
J-A07002-21
his lifetime, understanding that Wife would not be entitled to any
survivor benefits upon his death. Accordingly, Husband began
receiving a monthly benefit of $2,901.81 upon his retirement in
2003. Also, in June of 2007, Husband began receiving $392 per
month from his Trans America IRA. Additionally, he began
receiving $1,693.50 from Social Security at age 62.
Wife continued to teach at the Northern Lebanon High
School until 2013. Like Husband, she decided to retire at an
earlier age due to developing health issues. Upon retirement, she
began receiving a monthly benefit through her PSERS pension.
The parties had again agreed that Wife would select a single life
annuity upon retirement, knowing that Husband would not be
eligible for any ongoing benefits should Wife predecease him.
Wife's monthly gross benefit as a result of her PSERS pension was
$3,738.68. Wife began receiving Social Security benefits in the
amount of $1,572 in 2016 when she reached sixty-two years of
age. In addition to the retirement benefits, the parties' assets
include a marital residence, vehicles, various bank accounts and
personal property items.
On January 15, 2016, Husband filed a Complaint in Divorce
raising claims of divorce and equitable distribution. On January
18, 2019, Wife filed a motion for the appointment of a special
master in divorce (hereafter Divorce Master). A Divorce Master
was appointed on January 23, 2019.
A pre-trial conference was held on March 6, 2019. A hearing
was held on April 17, 2019. The parties stipulated, prior to the
hearing, that they would divide all marital property, with the
exception of the parties' PSERS pensions, on a 50-50 basis.1
Thereafter, the Divorce Master issued his report and
recommendation on August 21, 2019. The recommendation
provided that the PSERS pensions would also be split fifty-fifty.
______
1 Omitting the pensions, Husband would be awarded the
marital assets totaling $229,382.91. Wife would be
awarded the marital assets totaling $281,106.55. Because
Wife's marital assets were in excess of Husband's in the
amount of $51,723.64, Wife was required to pay Husband
one-half of the difference.
-2-
J-A07002-21
Following the Divorce Master's recommendation, the parties
asked Jonathan Cramer of Conrad Siegel Inc. to prepare a
qualified domestic relations order[ ("QDRO")] to effectuate the
Divorce Master's decision regarding the pensions. When Mr.
Cramer prepared a QDRO, he indicated that Wife's share should
be paid to Husband's estate should Husband die first. Wife
objected to this language. The parties resubmitted the issue to
the Divorce Master, who vacated his initial report and solicited
additional arguments from both sides. Eventually, on February
26, 2020, the Divorce Master rendered a supplemental decision in
which he adopted Mr. Cramer's paradigm that Husband's share of
Wife's pension should be paid upon his death to his estate.
Trial Court Opinion, 7/21/20, at 2-4 (citations and unnecessary capitalization
and repetition of values in numerical form omitted).
Wife filed exceptions, challenging the continuation of payments should
Husband predecease her. The trial court disagreed and entered a final decree
which, inter alia, provided that the QDRO include the following language: "If
the Alternate Payee dies before the Member, the Alternate Payee's share of
the Member's annuity payable to PSERS shall be paid to the Alternate Payee's
estate for the Member's lifetime." Final Decree, 7/21/20, at 4.
Wife filed a timely notice of appeal, and both Wife and the trial court
complied with Pa.R.A.P. 1925. Wife presents the following question for our
resolution:
Did the trial court err as a matter of law and/or abuse its discretion
in its July 21, 2020 order by requiring that the amount of $811.77
payable to Appellee/Husband from Appellant/Wife continue and be
included on a [QDRO] requiring this amount to be paid to
Appellee/Husband's estate if he should predecease
Appellant/Wife?
Wife's brief at 7 (unnecessary capitalization omitted).
-3-
J-A07002-21
We consider Wife's issue mindful of the following standard of review:
Our standard of review when assessing the propriety of an order
effectuating the equitable distribution of marital property is
whether the trial court abused its discretion by a misapplication of
the law or failure to follow proper legal procedure. We do not
lightly find an abuse of discretion, which requires a showing of
clear and convincing evidence. This Court will not find an abuse
of discretion unless the law has been overridden or misapplied or
the judgment exercised was manifestly unreasonable, or the
result of partiality, prejudice, bias, or ill will, as shown by the
evidence in the certified record. In determining the propriety of
an equitable distribution award, courts must consider the
distribution scheme as a whole. We measure the circumstances
of the case against the objective of effectuating economic justice
between the parties and achieving a just determination of their
property rights.
Carney v. Carney, 167 A.3d 127, 131 (Pa.Super. 2017) (cleaned up).
Equitable distribution "is an incident of divorce, not marriage." Wilson
v. Wilson, 828 A.2d 376, 378 (Pa.Super. 2003). "[T]he settlement of
economic and property claims is merely a part of the trial court's broader
power to terminate the marriage." Id. The objective of equitable distribution
is "effectuating economic justice between the parties and achieving a just
determination of their property rights." Carney, supra at 131.
The rights of the spouses to the distribution of marital property vests
upon entry of the divorce decree, which "constitutes a final determination of
the rights between the parties." Kadel v. McMonigle, 624 A.2d 1059, 1063
(Pa.Super. 1993). Thereafter, both parties "have complete freedom of
disposition" of their separate property. 23 Pa.C.S § 3504.
-4-
J-A07002-21
It is well-settled that "[e]ach spouse has a reasonable expectation of
enjoying the monies received from an employee retirement fund. In order to
effectuate economic justice between the parties, equity demands that both
parties share in this asset acquired during the marriage." Conner v. Conner,
217 A.3d 301, 311 (Pa.Super. 2019) (cleaned up). Thus, pension funds
accrued during marriage, including state employees' pension funds, constitute
marital property that is subject to equitable distribution. See, e.g., Hess v.
Hess, 212 A.3d 520, 524-25 (Pa.Super. 2019) (reviewing equitable
distribution of State Employee Retirement System pension). A court has two
options in so doing:
The first method, "immediate offset," awards a percentage of the
marital portion of the value of the pension to the party earning it,
and offsets the marital value of this pension with other marital
assets at equitable distribution. This method is preferred where
the estate has sufficient assets to offset the pension, because it
does not require the court to retain jurisdiction indefinitely. The
second method, "deferred distribution," generally requires the
court to retain jurisdiction until the pension is collected, at which
point the pension is divided according to the court's order. This
method is more practical where the parties lack sufficient assets
to offset the marital value of the pension.
Conner, supra at 312 (citations omitted). A QDRO effectuates the
distribution in that it "creates or recognizes the rights of an alternate payee
to receive all or a portion of the benefits payable to a participant under [the]
pension plan." Getty v. Getty, 221 A.3d 192, 195 n.4 (Pa.Super. 2019).
In the case sub judice, Wife does not dispute that her pension is a
marital asset subject to equitable distribution or challenge the propriety of a
-5-
J-A07002-21
QDRO effectuating a 50-50 split of the pension upon its distribution. Wife
contends only that the trial court should not have ordered that the payments
continue to be made to Husband's estate in the event that he predeceases
her. Citing a dearth of case law concerning "how deferred distribution should
be handled when a party predecease[s] the other,"1 Wife suggests that the
fact that the parties chose higher-paying single life annuities, rather than
opting to secure continued payments for the surviving spouse, manifested the
parties' intent that "the surviving spouse would not be entitled to any
additional benefits from the deceased spouse's pension." Wife's brief at 12-
13.
The trial court addressed Wife's argument with the following:
If we were to permit Wife to retain her entire pension should
Husband die, such a result could frustrate the general proposition
that equitable distribution is vested at the time of divorce. In the
opinion of this court, that could create an unfair result. We cannot
ignore the fact that pension benefits are received in lieu of higher
compensation, which would have otherwise enhanced the ability
to acquire marital assets. See Cornbleth v. Cornbleth, 580 A.2d
369 (Pa.Super. 1990). Effectively, the parties deferred income
they could have received until a later date. Had the parties not
chosen to defer income via a pension, the assets that would have
been acquired with the extra funds would have been divided at
the time of divorce and both parties would have been at liberty to
create a last will and testament that distributed those assets to
people/entities of their own choosing. Adopting Wife's argument
____________________________________________
1 Wife does cite non-precedential decisions filed by this Court in 2013 and
2017. However, pursuant to Superior Court I.O.P. 65.37(B), with certain
exceptions not applicable here, such decisions issued prior to May 2, 2019,
"shall not be relied upon or cited by a Court or a party in any other action or
proceeding[.]" Hence, we neither identify nor consider those decisions.
-6-
J-A07002-21
would frustrate Husband's ability to leave the entirely of his estate
to people/entities of his own choosing.
Trial Court Opinion, 7/21/20, at 10-11 (unnecessary capitalization omitted).2
Wife counters as follows:
Husband and Wife clearly contemplated during the course
of the marriage that neither would receive an ongoing benefit from
the other's pension upon their death. To reward Husband by
allowing his estate to receive a benefit should he predecease Wife
is contrary to the parties' intentions and would unjustly award
Husband. As such, it was an abuse of discretion by the [t]rial
[c]ourt to imply a retirement selection for survivor benefits had
not already been made. Hence, Husband's estate should not
continue to receive payment should he predecease Wife.
Wife's brief at 13-14.
Wife has failed to convince us that "the law has been overridden or
misapplied or the judgment exercised was manifestly unreasonable, or the
result of partiality, prejudice, bias, or ill will[.]" Carney, supra at 131
(internal quotation marks omitted). Wife's contract-based argument is
pertinent not to equitable distribution, but to litigation of pre- or post-nuptial
agreements governing the disposition of marital assets. See, e.g.,
____________________________________________
2 The trial court further noted that Wife did not "raise the issue that a portion
of her pension should revert to her" until after the initial proceeding before
the master had concluded and the QDRO was prepared. Trial Court Opinion,
7/21/20, at 11. Had she stated her position earlier, "the Divorce Master could
very well have determined that Wife should liquidate her IRA, her Guardian
fund or a portion of her equity in the marital home in order to compensate
Husband under an ‘immediate offset' distribution." Id. (unnecessary
capitalization omitted). Although, as Wife observes, both parties agreed to a
deferred distribution, see Wife's brief at 13, Husband might have advocated
differently had the issue surfaced earlier in the litigation.
-7-
J-A07002-21
Stackhouse v. Zaretsky, 900 A.2d 383, 386 (Pa.Super. 2006) (indicating
that the intent of the parties governs interpretation and application of
agreements as to the disposition of the parties' assets made in contemplation
of divorce). Wife points to nothing in the certified record to establish that the
parties' decisions during the course of the intact marriage to select single life
annuities for their pension payments constituted a post-nuptial agreement
entered in contemplation of divorce.
Wife is correct that, if the parties had remained married, Husband's
estate would not have been entitled to any portion of her pension had he
predeceased her. See Wife's brief at 11-13. However, had Husband and Wife
remained married, their pension incomes would have continued to be used for
enjoyment and the acquisition of marital assets so long as they both lived.
Further, surviving spouses in an intact marriage are entitled to receive some,
if not all, of the decedent spouse's estate. See 20 Pa.C.S. §§ 2102 (spousal
share of intestate decedent's estate), 2201-11 (elective share). The parties'
divorce changed everything. See 23 Pa.C.S. § 3504 ("[W]henever a decree
of divorce or annulment is entered by a court of competent jurisdiction, both
parties whose marriage is terminated or affected shall have complete freedom
of disposition as to their separate real and personal property and may
mortgage, sell, grant, convey or otherwise encumber or dispose of their
separate property, whether the property was acquired before, during or after
coverture[.]").
-8-
J-A07002-21
Wife has offered no authority to establish that Husband's share of her
pension should be treated differently than any other marital property subject
to equitable distribution upon divorce. As such, we discern no error of law or
abuse of discretion in the trial court's ruling that Husband is entitled to pass
his interest in Wife's pension benefits on through inheritance or bequest just
as he would be if he had received his interest through immediate offset rather
than deferred distribution. Accordingly, we affirm the trial court's July 21,
2020 order directing equitable distribution of the marital estate and decreeing
the parties divorced.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 06/29/2021
-9-