Family Law Article by John Crouch and Brooke Cucinella, Crouch & Crouch Law Offices, 2111 Wilson Boulevard, Suite 550, Arlington, Virginia 22201; (703) 528-6700; crouch@patriot.net
The Inter-American Development Bank and World Bank Group announced new policies regarding pension and divorce issues on January 27 and February 2, 1999, according to Rockville practitioner Janet Atkinson. Both organizations say that they will cooperate fully in discovery and will implement wage withholding orders.
The World Bank Group announced its new pension policy on February 2. Separated or divorced spouses can now obtain the spousal survivor benefit, under certain circumstances. For any old orders in your files that were designed to secure World Bank pension benefits for your client, the Bank's Philip Beauregard, Esquire, suggests that you contact him. Some of these orders may be enforceable if you contact the bank within the next 150 days. If you have a case with an old order -- probably entered before 1993 -- where the employee is supposed to forward a portion of his pension payments to the former spouse, the pension plan will now pay clients directly and respond to discovery requests -- i.e., they will tell whether or not the employee withdrew a 1/3 commuted share. This is believed to have happened frequently, without knowledge of the employee's spouse. Many spouses report being paid only intermittently, if at all. For more information or assistance contact Philip Beauregard, (202) 458-5959. Discovery requests, wage-withholding orders and other correspondence should be addressed to him. It is also suggested that you copy him on correspondence sent to anyone else there.
On January 27, the Inter-American Development Bank announced its new pension policies. While some of their new policies are not completely clear due to conflicts between pension plans and administration policies, it is fairly clear that you should be able to obtain assignment of annuity payments to a separated or former spouse during the employee's lifetime. It may be also be possible to partition the pension benefits - including the survivor annuity. Inquiries, discovery requests and orders relating to Inter-American Development Bank employees should be addressed to Richard Herring, Administrative Manager, Inter-American Development Bank, 1300 New York Avenue, Washington, D.C., 20576; (202) 623-1000.
As to arrears, it is still not clear whether the organizations will deduct them at the legal garnishment rate, or simply comply with purge provisions in contempt orders. Please be aware that all of the mechanisms are not in place, and that international organizations have been known to promise more than they are willing to deliver. Nevertheless, it seems that these two organizations may actually intend to follow through this time.
For further information on the enforcement situation with these or other international organizations contact Janet E. Atkinson, Center for Support of Families, 5008 Cloister Drive, Rockville, Maryland 20852 (301) 571-0159. E-mail: jatkinson@thecsf.com. She would also like to hear about any success or failure in obtaining compliance. Though she does not say so, these changes are probably the results of her single-handed efforts.
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