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CourtListener opinion 3040883

Citation: domestic relations order · Date unknown · US

Extracted case name
pending
Extracted reporter citation
domestic relations order
Docket / number
pending
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 3040883 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order 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: QDRO procedure / domestic relations order issues

Evidence quotes

QDRO

SMITH, Circuit Judges. ___________ PER CURIAM. Helen Davis appeals the district court's grant of summary judgment in favor of Alberici Corporation and Gary Davis, holding a domestic relations order entered in connection with the Davis's divorce was not a qualified domestic relations order (QDRO) as defined by 29 U.S.C. § 1056(d)(3)(D)(ii) of the Employee Retirement Income Security Act. The district court1 concluded the domestic relations order would require Alberici to pay Helen benefits in excess of the amount in Gary's retirement account. Therefore, it violated § 1056(d)(3)(D)(ii)'s prohibition against paying increased benefits and was no

retirement benefits

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1009 ___________ Alberici Corporation, as Plan * Administrator for Alberici Companies * Retirement Plan; * * Plaintiff - Appellee, * * Gary Davis, * Appeal from the United States * District Court for the Eastern Intervenor Plaintiff - * District of Missouri. Appellee, * * [UNPUBLISHED] v. * * Helen E. Davis, * * Defendant - Appellant. * ___________ Submitted: May 17, 2006 Filed: July 6, 2006 ___________ Before BYE, HANSEN, and SMITH, Circuit

domestic relations order

Submitted: May 17, 2006 Filed: July 6, 2006 ___________ Before BYE, HANSEN, and SMITH, Circuit Judges. ___________ PER CURIAM. Helen Davis appeals the district court's grant of summary judgment in favor of Alberici Corporation and Gary Davis, holding a domestic relations order entered in connection with the Davis's divorce was not a qualified domestic relations order (QDRO) as defined by 29 U.S.C. § 1056(d)(3)(D)(ii) of the Employee Retirement Income Security Act. The district court1 concluded the domestic relations order would require Alberici to pay Helen benefits in excess of the amount in Gary's retirement account. Therefore

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: domestic relations order
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

United States Court of Appeals
 FOR THE EIGHTH CIRCUIT
 ___________

 No. 06-1009
 ___________

Alberici Corporation, as Plan *
Administrator for Alberici Companies *
Retirement Plan; *
 *
 Plaintiff - Appellee, *
 *
Gary Davis, * Appeal from the United States
 * District Court for the Eastern
 Intervenor Plaintiff - * District of Missouri.
 Appellee, *
 * [UNPUBLISHED]
 v. *
 *
Helen E. Davis, *
 *
 Defendant - Appellant. *
 ___________

 Submitted: May 17, 2006
 Filed: July 6, 2006
 ___________

Before BYE, HANSEN, and SMITH, Circuit Judges.
 ___________

PER CURIAM.

 Helen Davis appeals the district court's grant of summary judgment in favor of
Alberici Corporation and Gary Davis, holding a domestic relations order entered in
connection with the Davis's divorce was not a qualified domestic relations order
(QDRO) as defined by 29 U.S.C. § 1056(d)(3)(D)(ii) of the Employee Retirement
 Income Security Act. The district court1 concluded the domestic relations order would
require Alberici to pay Helen benefits in excess of the amount in Gary's retirement
account. Therefore, it violated § 1056(d)(3)(D)(ii)'s prohibition against paying
increased benefits and was not a QDRO. We agree. Because an extended discussion
would add nothing to the well-reasoned order of the district court, we affirm under 8th
Cir. R. 47B.
 ______________________________

 1
 The Honorable Carol E. Jackson, United States District Judge for the Eastern
District of Missouri.

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