WILLIAM DONALD SCHAEFER, Governor                           Ch. 653

given notice that the party objects to a distribution of retirement benefits on an "if,
as, and when" basis; requiring an objecting party to give a certain notice in the
party's original pleading; authorizing the court to order an objecting party to pay
certain costs before a certain time period unless good cause is shown; and generally
relating to property disposition in annulment and divorce proceedings.

BY repealing and reenacting, with amendments,
Article - Family Law
Section 8-204

Annotated Code of Maryland
(1991 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

8-204.

(A)      [The] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE
court shall determine the value of all marital property.

(B)      (i) THE COURT NEED NOT DETERMINE THE VALUE OF A PENSION,
RETIREMENT, PROFIT SHARING, OR DEFERRED COMPENSATION PLAN, UNLESS A
PARTY HAS GIVEN NOTICE IN ACCORDANCE WITH PARAGRAPH (2) OF THIS
SUBSECTION THAT THE PARTY OBJECTS TO A DISTRIBUTION OF RETIREMENT
BENEFITS ON AN "IF, AS, AND WHEN" BASIS.

(2) IF A PARTY OBJECTS TO THE DISTRIBUTION OF RETIREMENT
BENEFITS ON AN "IF, AS, AND WHEN" BASIS AND INTENDS TO PRESENT EVIDENCE OF
THE VALUE OF THE BENEFITS, THE PARTY SHALL GIVE WRITTEN NOTICE AT LEAST
60 DAYS BEFORE THE DATE THE JOINT STATEMENT OF THE PARTIES CONCERNING
MARITAL AND NONMARITAL PROPERTY IS REQUIRED TO BE FILED UNDER THE
MARYLAND RULES. IF NOTICE IS NOT GIVEN IN ACCORDANCE WITH THIS
PARAGRAPH, ANY OBJECTION TO A DISTRIBUTION ON AN "IF, AS, AND WHEN" BASIS
SHALL BE DEEMED TO BE WAIVED UNLESS GOOD CAUSE IS SHOWN.

(3) THE COURT MAY ORDER THE OBJECTING PARTY TO PAY THE
OTHER PARTY'S COSTS OF PRESENTING EVIDENCE AS TO THE VALUE OF A PENSION,
RETIREMENT, PROFIT SHARING, OR DEFERRED COMPENSATION PLAN, INCLUDING
REASONABLE COUNSEL FEES AND EXPERT FEES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

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