Matter of Surat Realty v. New York State Div. of Hous. & Community Renewal

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trustee has in fact interpreted the instrument
• finding that a QDRO which explicitly granted an ex-spouse half of a participant’s monthly pension did not grant surviving spouse benefits
• finding that a QDRO which explicitly granted an ex-spouse half of a participant’s monthly pension did not grant surviving spouse benefits
• “We must review legal conclusions and questions of statutory construction de novo.”
• “Although the Retirement Equity Act was not in effect on [the date of the 11 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** parties’ divorce], plan administrators may, in their discretion, treat orders entered before the date of the Act as QDROs.”

Source: CourtListener parenthetical corpus (CC0).