Lance Milliman v. Betty Jean Lindemoen

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1009
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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* [UNPUBLISHED]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. *
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Submitted: May 17, 2006
Filed: July 6, 2006
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Before BYE, HANSEN, and SMITH, Circuit Judges.
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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

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