Determining the Marital Portion
Generally, only the portion of the pension earned during the marriage is considered marital property and subject to division. A common formula used in defined benefit QDROs is the “coverture” formula, which allocates the marital portion based on service time during marriage divided by total service credit at retirement. The specific language must be tailored for the Genon Pension Plan for Bargained Employees and accepted by Genon services, LLC.

