Company seeks court determination on retirement account

By Joel Brakken | Feb 3, 2014

HUNTINGTON -- A company is seeking court determination on payment of an employee's retirement account.

Becker Mining America Inc. and SMC Electrical Products Inc. filed a lawsuit Jan. 9 in Cabell Circuit Court against Jessica N. Jarvis and Gene P. Jarvis.

The complaint states Gene Jarvis was employed with SMC Electrical from Jan. 11, 2005, until Aug. 9, 2013. SMC says they administer an employee 401(k) retirement plan which Jarvis participated in and accumulated approximately $9,575.30.

According to the complaint, the defendants divorced in May 2011, at which time the final order required Gene Jarvis to provide one half of his retirement funds to Jessica Jarvis. The plaintiffs have declined to assign Jessica Jarvis her portion because the court determined the final order failed to comply with criteria listed in the federal law ERISA. The complaint states Gene Jarvis is currently seeking access to the funds causing competing claims to the money.

The plaintiffs are asking the defendants be restrained from instituting an action for recovery of funds in the retirement account and for the court to enter an appropriate order on payment of the accounts. They are being represented in the case by attorneys Michael E. Estep and Jason D. Bowles.

Cabell Circuit Court Case No. 14-C-34

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