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McPHEE v. MAINE STATE RETIREMENT SYSTEM

Docket: Ken-08-316

980 A.2d 1257 (2009)

2009 ME 100

Sharon McPHEE v. MAINE STATE RETIREMENT SYSTEM, Joanne McPhee, Intervenor.

Supreme Judicial Court of Maine.

Decided: September 22, 2009.

Attorney(s) appearing for the Case

Janet T. Mills, Attorney General, Christopher L. Mann, Asst. Atty. Gen. (orally), Office of Attorney General, Augusta, ME, attorneys for the Maine State Retirement System.

Terry W. Calderwood, Esq. (orally), Gibbons & Calderwood, Camden, ME, attorney for Joanne McPhee.

Roger J. Katz, Esq., Keith R. Varner, Esq. (orally), Lipman, Katz & McKee, P.A., Augusta, ME, attorneys for Sharon McPhee.

Panel: ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ., and CLIFFORD, A.R.J.

LEVY, J.

[¶ 1] This case presents a unique question of statutory construction: whether a statutory directive that the terms of a Qualified Domestic Relations Order (QDRO) be given their "plain meaning" means that a QDRO should be construed in a manner that is contrary to the meaning of the terms as defined in the statute that authorizes the qualification of the QDRO. Because we answer this question in the negative, we vacate the judgment of the Superior Court...

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