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April 06, 2007

Pension ("Defined Benefit") Plan Division under Iowa Law - A Primer

Today's Iowa Supreme Court decision in Faber v. Herman contains a good summary of the various options available when dividing traditional pension plans, so-called "defined benefit" plans. The opinion explains the pitfalls and advantages of each particular method, along with dicta that reinforces the preferred method of dividing such plans by the "percentage"method set forth originally in In re Marriage of Benson, 545 N.W.2d 252, 255 (Iowa 1996) and re-affirmed in In re Marriage of Sullins, 715 N.W.2d 242, 248-49 (Iowa 2006).

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