dividing property

District Court BOULDER COUNTY , COLORADO 1777 6th Street, Boulder, CO 80302 In re the Marriage of: Petitioner: DWIGHT CORNWELL Co-petitioner: KARI CORNWELL COURT USE ONLY Case Number: 2016DR573 Division 1 Courtroom QUALIFIED DOMESTIC RELATIONS ORDER Hewlett Packard Enterprise 401(k) Plan PREAMBLE This Order is intended to be a Qualified Domestic Relations Order (“QDRO”) as defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and Section 414(p) of the Internal Revenue Code of 1986, as amended (the “Code”). ORDER SECTION 1. A. REQUIRED BACKGROUND INFORMATION Identification of the Plan This Order applies to benefits under the Hewlett Packard Enterprise 401(k) Plan (the “Plan”). B. Identification of Participant 1. 2. 3. C. Participant’s Name: Kari Cornwell Mailing Address: 1288 Redwood Ave., Boulder CO 80304 Participant will keep the Plan advised at all times of Participant’s current mailing address. Identification of Alternate Payee 1. 2. 3. Alternate Payee’s Name: Dwight Cornwell Mailing Address: 406 E. Curling Dr. Boise ID 83702 Alternate Payee will keep the Plan advised at all times of Alternate Payee’s current mailing address. -1Ed. 062804 #612361 Page | 1
District Court BOULDER COUNTY , COLORADO 1777 6th Street, Boulder, CO 80302 In re the Marriage of  Petitioner  DWIGHT CORN...
D. Alternate Payee’s Beneficiary Alternate Payee may designate a beneficiary at any time following entry of this Order by following the Plan’s beneficiary designation procedures. If Alternate Payee fails to make a valid beneficiary designation or if Alternate Payee’s designated beneficiary is not living when any payment is to be made on Alternate Payee’s behalf, then payment will be made in equal shares to Alternate Payee’s survivor(s) in the first surviving class among the following: (1) spouse (including domestic partner as defined by the Plan), (2) children, (3) parents, (4) brothers and sisters, and (5) estate. E. Statement of Confidential Information The Social Security number and date of birth of Participant and Alternate Payee must be entered on a separate form supplied by the Plan entitled “Statement of Confidential Information”. The form must be completed and returned to the Plan’s QDRO administrator at the address listed on the form with a copy of this Order, or as soon as possible thereafter. This information is required for tax and identification purposes. The form is not a public record and must not be filed as part of these proceedings. SECTION 2. DETERMINATION OF ALTERNATE PAYEE’S COMMUNITY/MARITAL PROPERTY INTEREST IN PARTICIPANT’S BENEFIT A. The Court finds that during all or a portion of the period from the parties’ Date of Marriage 08/08/2004 to their Date of Dissolution or Separation 10/06/2016 Participant earned Plan benefits that are marital property of Participant and Alternate Payee. B. In satisfaction of Alternate Payee’s marital property interest, the Court awards Alternate Payee, as Alternate Payee’s sole and separate property, ONE HUNDERD TWENTY-SIX THOUSAND NINEHUNDRED SIXTY-SIX DOLLARS ($126,966) from Participant’s Plan vested account balance, plus any investment earnings, gains or losses thereon accruing from the valuation date1 closest to 10/6/2016 (the “Determination Date”) to the valuation date closest to the date of distribution to Alternate Payee (the total amount shall hereinafter be referred to as “Alternate Payee’s Interest”). The calculation of earnings, gains or losses will be determined in accordance with the Plan’s procedures. Notwithstanding the preceding, Alternate Payee’s award shall not exceed the amount of Participant’s entire vested account balance as of the valuation date closest to the date of distribution. -2Ed. 062804 #612361 Page | 2
D.  Alternate Payee   s Beneficiary Alternate Payee may designate a beneficiary at any time following entry of this Order ...
C. D. SECTION 3. As soon as administratively practicable following the date the Plan administrator determines that this Order is a QDRO, Alternate Payee’s Interest will be handled as follows: 1. The Plan administrator will establish a separate account for Alternate Payee’s Interest in accordance with the Plan’s QDRO procedures. 2. Alternate Payee may direct the investment of his/her separate account in accordance with the rules applicable to investments under the Plan. However, until a separate account is established, Alternate Payee’s Interest will remain subject to the same investment options as elected by Participant. 3. The Plan will pay Alternate Payee’s Interest to Alternate Payee as soon as administratively practicable following the date Alternate Payee elects a distribution in accordance with the Plan’s procedures. 4. The Alternate Payee may elect to receive Alternate Payee’s Interest in any form in which such benefit may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity with respect to Alternate Payee and his or her subsequent spouse). 5. If Participant has an outstanding loan balance under the Plan, Alternate Payee’s assigned share of the benefits will be calculated after the loan balance is subtracted from the total account balance. In no event will Alternate Payee receive an amount that is greater than Participant’s nonloan account balance. If Alternate Payee dies before receiving Alternate Payee’s Interest, then Alternate Payee’s Interest will be distributed to Alternate Payee’s beneficiary in accordance with the terms of this Order and the Plan. DETERMINATION OF PARTICIPANT’S BENEFIT Participant is entitled to (i) the remainder of the Participant’s account balance as of the valuation date closest to the Determination Date, plus any investment earnings, gains or losses thereon accruing after the Determination Date, and (ii) one-hundred percent (100%) of any contributions or forfeitures allocable to Participant under the Plan after the Determination Date, plus any investment earnings, gains or losses thereon. SECTION 4. GENERAL PROVISIONS -3Ed. 062804 #612361 Page | 3
C.  D.  SECTION 3.  As soon as administratively practicable following the date the Plan administrator determines that this...
A. Interpretation of Order This Order will not be construed to: B. 1. Provide to Alternate Payee any type or form of benefit, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant’s total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be enforceable against the Plan. State Law This Order is made pursuant to the domestic relations law of the State of COLORADO. C. Participant’s Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. D. E. Correcting or Terminating Payments 1. The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administrative remedies available under the Plan. 2. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. 3. If the Plan pays one party a portion of the other party’s benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. Participant’s Beneficiary -4Ed. 062804 #612361 Page | 4
A.  Interpretation of Order This Order will not be construed to   B.  1.  Provide to Alternate Payee any type or form of b...
This Order does not revoke or affect in any way any prior beneficiary designation made by Participant on file with the Plan. Following entry of this Order, Participant may designate a beneficiary, including Alternate Payee, or revoke any beneficiary designation with respect to benefits payable under the Plan without Alternate Payee’s consent, in accordance with the Plan’s beneficiary designation procedures. F. Effect of Plan Changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the Plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 5 by petition of either party. G. Plan Loans Alternate Payee is not eligible to take a loan from the Plan. Once Alternate Payee’s Interest is segregated by the Plan administrator, such amount will not be treated as Participant’s benefits for any purpose under the Plan’s loan provisions. H. QDRO Processing Fee: Participant will be charged a $300 QDRO processing fee for this QDRO. This fee will be assessed against the Participant’s account balance at the time the initial paperwork is submitted to QDRO Consultants. SECTION 5. RESERVATION OF JURISDICTION The Court reserves jurisdiction over this asset to make such further orders as are appropriate to enforce or clarify the provisions of Sections 1 through 4. IT IS SO ORDERED: _________________________________________ Date: __________ District Court or Magistrate AGREED BY THE PARTIES: ______________________________ Kari Cornwell ____________________________ Dwight Cornwell -5Ed. 062804 #612361 Page | 5
This Order does not revoke or affect in any way any prior beneficiary designation made by Participant on file with the Pla...

Statement of Confidential Information (Regarding Social Security Numbers and Dates of Birth) DO NOT SUBMIT THIS FORM TO THE COURT. Instructions: For tax reporting purposes, the Plan requires the social security number of any person who receives Plan benefits. However, to avoid having the social security numbers of the parties involved become part of the public record in a court order, the Plan uses this separate form to obtain the parties’ social security numbers. Accordingly, please: 1. Enter the name and social security number of each party in the appropriate space below. Please print or type. 2. Submit the completed form, along with a file-marked copy of the court order dividing the participant’s Plan benefits, to the Plan’s QDRO administrator at the following address: QDRO Consultants Co. 3071 Pearl Road Medina, Ohio 44256 Attn: Hewlett Packard Enterprise QDRO Compliance Team Telephone: (800) 527-8481 Fax: (330)722-2735 3. Do not submit this form to the court. NAME SOCIAL SECURITY # DATE OF BIRTH Participant: Kari Cornwell 208-62-9381 10/01/1967 Alternate Payee: Dwight Cornwell 561-68-2521 07/15/1946 -6Ed. 062804 #612361 Page | 6
Statement of Confidential Information  Regarding Social Security Numbers and Dates of Birth  DO NOT SUBMIT THIS FORM TO TH...