Client's former spouse is a member of the NYC TRS Pension Plan, and refuses to sign the QDRO because the continuing benefit (the post retirement annuity payments following death of plan participant) awarded to my client is not multiplied by the coverture fraction that the other benefits (pre retirement death and annuity payments during the life of the participant) are.
1)What specific point in the the law prohibits the continuing benefit from being multiplied by the fraction?
2)What is the logic behind the law that may prohibit this?
Thanks in advance.
