Facts

Anthony Natty and Mia Lollis were married in 1991 and separated in 2010. Natty, who worked for the federal government, had a retirement account with the federal government's Thrift Savings Plan (TSP). The divorce judgment stated that Lollis was to receive 50 percent of the TSP value from 2001 to 2010. However, a 2019 Los Angeles Superior Court qualified domestic relations order (QDRO) did not exclude 1991 to 2000, but rather stated that Lollis was entitled to receive 50 percent of the TSP balance as of 2010. When TSP received the QDRO, it sent a letter to Natty and Lollis notifying them of the amount as calculated according to the QDRO. Natty notified TSP that he was in the process of nullifying the QDRO given that it was in error.

Because of the pandemic, the hearing was continued and TSP sent notice to Natty that the account would remain frozen until it received another court document as to its resolution. However, in August 2020, before the hearing which was set for September 2020, the attorney who prepared the QDRO faxed a memo to TSP legal counsel requesting that TSP release the funds to Lollis. TSP then disbursed the balance of the account to Lollis, and sent Natty a letter notifying him that the disbursement had been made.

At the September 2020 court hearing, the superior court ordered that the QDRO be amended to reflect the divorce judgment. This was reflected in the April 2021 "Findings and Order," along with the additional findings that TSP's disbursement to Lollis was made pursuant to the erroneous QDRO, and she was overpaid. Additionally, because Natty omitted his Federal Employee Retirement System (FERS) plan on his community property declaration, the overpaid amount plus some other shared debt offset the amount Lollis owed. Lollis was then instructed to re-submit a QDRO for any remaining amount owed to her for the FERS after accounting for the specified offsets.

Natty, proceeding pro se, filed suit in USDC Central against the TSP's Administrator or Legal Department.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that TSP's disbursement of the entirety of his TSP account savings to his ex-wife based on the erroneous QDRO was negligent and violated the Federal Tort Claims Act.

DEFENDANT'S CONTENTIONS: Defendants contended that not only was plaintiff's negligence claim for money damages barred by the Federal Employees' Retirement System Act, but also that because it complied with governing regulations in processing the QDRO, it was entitled to summary judgment as to that claim.

Result

The court granted defendant's motion for summary judgment with prejudice.