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03/18/97 MARRIAGE PEGGY DAVIS N/K/A PEGGY WYLDE v.

March 18, 1997

IN RE THE MARRIAGE OF: PEGGY DAVIS N/K/A PEGGY WYLDE, PETITIONER-APPELLEE,
v.
WILLIAM DAVIS, RESPONDENT-APPELLANT.



Appeal from the Circuit Court for the 12th Judicial Circuit, Will County, Illinois. No. 84 D 187. Honorable Ludwig J. Kuhar, Judge, Presiding.

Released for Publication April 23, 1997. As Corrected April 25, 1997.

Present - Honorable Thomas J. Homer, Justice, Honorable Peg Breslin, Justice, Honorable John F. Michela, Justice. Justice Breslin delivered the Opinion of the court. Homer, and Michela, JJ., concur.

The opinion of the court was delivered by: Breslin

JUSTICE BRESLIN delivered the Opinion of the court:

Respondent William Davis appeals the trial court's determination that petitioner Peggy Wylde was entitled to a portion of his disability benefits under the terms of the parties' dissolution judgment. We hold that the judgment did not give Peggy any rights to William's disability benefits.

FACTS

When Peggy and William were divorced in 1985, the court entered an agreed judgment for dissolution of marriage which incorporated a settlement agreement. The settlement agreement provided in part:

"14. That PEGGY DAVIS is awarded a present fractional interest in WILLIAM DAVIS' Retirement Benefit Plan(s) ***. Further,

a) The retirement benefit plan(s) referred to herein is the SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS PENSION FUND ***.

***

c)The plan herein shall pay benefits to PEGGY DAVIS if, as and when WILLIAM DAVIS RECEIVES benefits from said plan, regardless of the form or frequency of said payments.

d) The plan shall pay benefits to PEGGY DAVIS in accordance with the following formula:

Plan benefit multiplied by 1/2 and the product thereof multiplied by a fraction, the numerator of which is 107 and the denominator of which is the number of months during which any contributions were made to the Participant's account (commonly known as the "Hunt" formula)."

In 1992, William developed a vision impairment and was unable to continue working at his job as a truck driver. Accordingly, he began receiving disability payments pursuant to the Suburban Teamsters of Northern Illinois Pension Fund (pension plan). Thereafter, Peggy sought the entry of a qualified domestic relations order (QDRO) which would require the pension plan to pay her 33.46% of William's ...


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