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SMITH v. SMITH

881 A.2d 855 (2005)

F. Andrew SMITH, Appellant v. Therese A. SMITH, Appellee.

Superior Court of Pennsylvania.

Filed August 4, 2005.

Attorney(s) appearing for the Case

Lynn G. Paterson, Hanover, for appellant.

Timothy J. Shultis, Hanover, for appellee.

Before: DEL SOLE, P.J., JOYCE and KLEIN, JJ.

OPINION BY DEL SOLE, P.J.:

¶ 1 In this appeal we consider the effect of 24 Pa.C.S.A. § 8101, et seq. ("Act 9"), on Commonwealth of Pennsylvania State Employees' Retirement System ("SERS") pensions divided pursuant to the terms of a Qualified Domestic Relations Order. Specifically, we must determine whether a non-participating spouse is entitled to increased benefits received by the participating spouse when the participating spouse elects to receive...

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