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Dutchess County Personal Injury Blog

Divorce and Retirement: Qualified Domestic Relations Order

  • 24
  • April
    2012

Often divorce and retirement intersect, and one legal tool that can appear at the intersection of divorce and retirement is a qualified domestic relations order. This post will discuss the definition of a qualified domestic relations order, when one is used, how it works and what generally qualifies as a QDRO.

A qualified domestic relations order is a court order that allows another person such as a child, spouse, former spouse or another dependent to collect money from a retirement account. QDROs are often used in divorce settlement situations where retirement accounts are divided between formers spouses or they are used to finance child support or spousal support obligations.

To be valid, a qualified domestic relations order must contain certain information. A QDRO must contain the name and last known mailing address of the participant and each alternate payee. The QDRO must also contain the name of each retirement plan the order applies to, and the amount or method of calculating the amount to be paid to the alternate payee. The QDRO must also contain the number of payments or time period covered by the order.

Changes to Insurance Coverage in a New York Divorce

  • 02
  • April
    2012

When a divorce is finalized, there are many life changes that need to be considered - including health and life insurance. For those facing separation, it is important to note how a divorce in New York can affect eligibility.

Ex-Spouses and Health Insurance in New York

Currently, an employer-sponsored health insurance plan stops covering the former spouse by default, as the ex-spouse no longer qualifies as a dependent of the beneficiary. However, in many cases the spouse can keep coverage.

COBRA insurance, a type of insurance available under federal law, allows the spouse to continue coverage under the other's insurance for up to three years. COBRA insurance is available for the employee's ex-spouse where the employer has 20 or more workers, or possibly fewer where state law applies. Divorcing parties should discuss how long COBRA coverage will last and who will pay administrative fees and monthly premiums, which are usually handled separately.

It is important to note that private plans may be cheaper than COBRA. Important factors in the choice between COBRA and private insurance include relative health and ability to pay varying deductibles.

New York Construction Worker Killed by Ceiling Collapse

  • 20
  • March
    2012

The dangers of construction jobs revealed themselves again recently. According to the Wall Street Journal, a construction worker in Syracuse, New York, died during a renovation project. Police report a large section of a lathe and concrete ceiling fell on the man while he worked from a ladder to remove pieces of it. Syracuse Police and the Occupational Safety and Health Administration are currently investigating the accident.

According to the Bureau of Labor Statistics, the construction industry led all others in work-related fatal injuries in 2010. The sector accounts for about 17 percent of all workplace fatalities and falls are the most common cause of death. Improper scaffolding, misuse of transportable ladders and unprotected wall openings and floor holes can present grave consequences for an inattentive or unprepared worker.

Bloomberg's New Initiative to Limit Alcohol Sales, Advertising Within the City

  • 31
  • January
    2012

The Bloomberg administration has a new initiative-cracking down on alcohol consumption. Called the Partnership for a Healthier New York City, Mayor Bloomberg plans to limit alcohol sales and advertising within the city.

Specifically, the initiative hopes to:

  • Reduce "alcohol retail outlet density," to decrease sales at bars and corner stores.
  • Reduce advertising of alcohol products found at train and bus stations as well as restaurants and stores.

The main goal of the initiative is to promote consumption of healthy food and drink and discourage the use of excessive alcohol consumption. However, the project also hopes to have an impact on New York City's drunk-driving accidents. Alcohol is a factor in approximately 28 percent of vehicle-crash fatalities in the city and 42 percent of accidental subway deaths. Further, ER visits for underage drinkers in New York City doubled between 2003 and 2009.

New York Construction Accident Claims Sandhog's Life

  • 22
  • December
    2011

Late last month, the effort to connect Grand Central Terminal to the Long Island Railroad turned fatal. A tragic New York construction accident claimed the life of 26 year-old sandhog Michael O'Brien.

Mr. O'Brien was killed after being crushed by a several-hundred-pound patch of concrete that fell from the ceiling of an underground tunnel. The slab was approximately four feet square and eight inches thick.

The concrete had been sprayed wet onto the tunnel's interior via a high-pressure hose and allowed to harden in place. Apparently, it did not adhere properly, possibly because it was applied too heavily.

Mr. O'Brien's father was working alongside his son that day. He tried to perform CPR on his son, but to no avail. Mr. O'Brien could not be saved.

Commercial Drivers Suffering From Sleep Apnea Pose Danger to Others on the Road

  • 28
  • November
    2011

Truck Drivers are not unlike other small business owners in that they are always looking for ways to boost productivity cut costs and increase profits. And, working long, hard hours to get the job done is one way to do it. However, the Federal Motor Carrier Safety Administration says that many truck drivers suffer from sleep apnea. And one study suggests that those suffering from such a disorder perform similarly to those who are driving while drunk or impaired.

Sleep apnea is a sleep disorder that causes interruptions in breathing during sleep. Individuals who suffer from this condition do not get the quality of sleep needed during the night. Then, during the day, they experience severe drowsiness and have difficulty concentrating-a huge problem for truck drivers who need to be alert at all times while driving on the road. Astonishingly, the FMCSA indicates that about 28 percent of commercial drivers suffer from this debilitating sleep disorder.

Upcoming Elizabeth Taylor Jewelry Auction Highlights Importance of Estate Planning

  • 19
  • October
    2011

This upcoming December at Christie's New York auction house promises to be a thrill for fans of classic cinema and fabulous jewelry. Elizabeth Taylor, the iconic actress who deed March 2010 at 79 years old, was famous for her talent and her beauty - but she was also legendary for her affinity for stunning jewelry.

The pieces the auction house will present include a 16th-century pear-shaped pearl given to Ms. Taylor by her husband Richard Burton. In addition, the collection includes a ring bearing the 33.19-carat "Elizabeth Taylor Diamond."

The Elizabeth Taylor AIDS Foundation will receive some of the proceeds from the publications and admissions relating to the exhibition. Her estate will receive the proceeds from the auction.

Why Estate Planning Is So Important

While most of us don't dazzle Hollywood parties with our extraordinary jewelry, we can still take a mental inventory of many items that are important to us and our families. Whether the items are significant because of sentimental value, monetary value or a combination, it's important for people to plan ahead and make sure these items go to the right place when the time comes.

First Drunk-Driving Arrest Made 114 Years Ago

  • 11
  • October
    2011

Just last month, 114 years ago, the first person was arrested for drunk driving. September 1897, a 25-year-old taxi driver was arrested in London after slamming his cab into a building. Over a hundred years later, drunk-driving arrests have increased along with alcohol-related car accidents and fatalities.

Throughout the years, states slowly began recognizing the dangers of driving while under the influence of alcohol and subsequently began passing laws that restrict drivers of such activity. In 1910, the state of New York passed a law prohibiting the operation of a motor vehicle under the influence of alcohol. Public awareness about the dangers of drinking alcohol and driving and increased enforcement of the laws increased in the 1970s and 1980s.

Welcome to our Dutchess County Personal Injury Law Blog

  • 31
  • January
    2011

Things change fast in the legal world. Every day, state legislatures and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At Vergilis, Stenger, Roberts, Davis & Diamond, LLP, we know how important it is to stay current with legal issues. We follow the legal stories that will have an impact on the best strategies to use while protecting your rights.

Keeping you informed about the legal process will help you make better decisions about your own personal injury case. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions. Periodically, this page will be updated with new information and topics for discussion, so please return often to see the most current post and comments.

Our firm has always placed an emphasis on personalized attention and responsiveness to client concerns. Your input means a lot, so please send us your comments. Thank you for visiting. Call or contact the office by e-mail to discuss your specific legal need today.

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