So, I know that Landers just came down which irrefutably states that (j)1 of the revised statute (setting forth a rebuttable presumption at full retirement age) is in no way applicable to Agreements entered prior to September 14, 2014. Instead, the Landers Court set forth that (j)3 was applicable since it expressly referenced Agreements prior to September 14, 2014 and created a legal mechanism for retirement once a party reached full retirement age.

Here is the question: conveniently, Landers does not address if (j)2 (which discusses a legal mechanism for party's retiring before full retirement) is applicable only to agreements made before September 14, 2014, or if it, like j(3), is retroactive.

My gut tells me j(2) was not meant to be retroactive because it does not expressly reference its application to agreements made before September 14, 2014. Only j(3) address agreements made before September 14, 2014. j(1) and j(2) do not. Therefore, I would think j(3)is the only section that can be applied retroactively.

Any thoughts would be Greatly appreciated!!!!!!

Original Message------

So, I know that Landers just came down which irrefutably states that (j)1 of the revised statute (setting forth a rebuttable presumption at full retirement age) is in no way applicable to Agreements entered prior to September 14, 2014. Instead, the Landers Court set forth that (j)3 was applicable since it expressly referenced Agreements prior to September 14, 2014 and created a legal mechanism for retirement once a party reached full retirement age.

Here is the question: conveniently, Landers does not address if (j)2 (which discusses a legal mechanism for party's retiring before full retirement) is applicable only to agreements made before September 14, 2014, or if it, like j(3), is retroactive.

My gut tells me j(2) was not meant to be retroactive because it does not expressly reference its application to agreements made before September 14, 2014. Only j(3) address agreements made before September 14, 2014. j(1) and j(2) do not. Therefore, I would think j(3)is the only section that can be applied retroactively.

Any thoughts would be Greatly appreciated!!!!!!

Original Message------

Anticipatory retirement is not retroactive, IMO. It did not exist before, so it does not exist now. Hanan   Hanan M. Isaacs, Esq.   t 609.683.7400   f 609.921.8982 e [email protected]   w www.hananisaacs.com 4499 Route 27, Kingston NJ   So, I know that Landers just came down which irrefutably states that (j)1 of the revised statute (setting forth a rebuttable presumption at full... -posted to the "Family Law Section" community Family Law   Post New Message   retroactvity of j(2) of revised amendment after Landers? Reply to Group Reply to Sender Mar 1, 2016 4:07 PM Lisa S. Harvey, Esq So, I know that Landers just came down which irrefutably states that (j)1 of the revised statute (setting forth a rebuttable presumption at full retirement age) is in no way applicable to Agreements entered prior to September 14, 2014. Instead, the Landers Court set forth that (j)3 was applicable since it expressly referenced Agreements prior to September 14, 2014 and created a legal mechanism for retirement once a party reached full retirement age. Here is the question: conveniently, Landers does not address if (j)2 (which discusses a legal mechanism for party's retiring before full retirement) is applicable only to agreements made before September 14, 2014, or if it, like j(3), is retroactive. My gut tells me j(2) was not meant to be retroactive because it does not expressly reference its application to agreements made before September 14, 2014. Only j(3) address agreements made before September 14, 2014. j(1) and j(2) do not. Therefore, I would think j(3)is the only section that can be applied retroactively. Any thoughts would be Greatly appreciated!!!!!!   Reply to Group Online   View Thread   Recommend   Forward     You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.