114 N.C. App. 368 - Surrette v. Surrette’s Empirical Analysis
1994
Citation profile
6
cited by 6 later decisions
2
states following
July 2009
most recently cited
6 state decisions
Relationships
Relies on White v. White · Armstrong v. Armstrong · 111 N.C. App. 460 - Smith v. Smith · 82 N.C. App. 329 - Seifert v. Seifert · Seifert v. Seifert
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the trial court must calculate the amount of monthly pension payment the employee, assuming he retired on the date of separation, will be entitled to receive at the later of the earliest retirement age or the date of separation. This calculation must be made as of the date of separation and "shall not include contributions, years of service or compensation which may accrue after the date of separation." N.C.G.S. § 50-20(b)(3). The calculation will however, include "gains and losses on the prorated portion of the benefit vested at the date of separation." Id. Second, the trial court must determine the employee-spouse's life expectancy as of the date of separation and use this figure to ascertain the probable number of months the employee-spouse will receive benefits under the plan. Third, the trial court, using an acceptable discount rate, must determine the then-present value of the pension as of the later of the date of separation or the earliest retirement date. Fourth, the trial court must discount the then-present value to the value as of the date of separation. In other words, determine the value as of the date of separation of the sum to be paid at the later of the date of separation or the earliest retirement date. This calculation requires mortality and interest discounting. See [3 William M. Troyan, et al., Valuation & Distribution of Marital Property] § 45.23. The mortality and interest tables of the Pension Benefit Guaranty Corporation, a corporation within ”
1 later decision quote this exact passage“"That the Court has considered all of the factors as set forth in G.S. 50-20(c) to include the following: 1. The earning ability of each party; 2. The need of the custodial parent for the use and possession of the marital residence and furniture located therein; 3. The value of defendant's separate property; 4. The defendant's expectation of additional pension. That based on the foregoing, the Court is of the opinion and finds as a fact that an unequal division of the marital assets and liabilities is equitable...."”
1 later decision quote this exact passage“pension plan: First, the trial court must calculate the amount of monthly pension payment the employee, assuming he retired on the date of separation, will be entitled to receive at the later of the earliest retirement age or the date of separation. This calculation must be made as of the date of separation and”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.