In re Marriage of Holliday
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In this action involving a district court's division of Jon Holliday's retirement account in a divorce proceeding with Tamara Holliday the Supreme Court held that Kan. Stat. Ann. 60-2403(c)'s tolling provision prevents a divorce decree dividing the parties' interests in a retirement account with the Kansas Public Employees Retirement System (KPERS) from becoming dormant until benefits become payable to the plan member.
In 2009, Jon and Tamara divorced. The district court divided Jon's not-year-payable retirement account with KPERS equally between them and directed Tamara to prepare a qualified domestic relations order to "effectuate" the division. In 2021, Jon brought this action claiming that Tamara's judgment from the divorce had gone dormant because she had not sent a copy of it to KPERS as instructed and requesting that the court extinguish Tamara's interest in the account. The district court denied relief, but the court of appeals reversed. The Supreme Court reversed, holding that Kan. Stat. Ann. 60-2403(c) tolled the dormancy period until Jon's benefits from his KPERS account became payable.
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