An appeals court determined that posthumous nunc pro tunc orders filed by the ex-spouse of a retirement plan participant in Connecticut are valid qualified domestic relations orders
(QDROs)-and thus have sufficient standing to direct the flow of the deceased's retirement plan assets in three retirement plans he participated in.
She also assisted employers with defined benefit plan funding challenges, employee benefits issues arising from corporate acquisitions and divestitures, and qualified domestic relations orders
By the 1990s, qualified domestic relations orders
were becoming relatively more common.
In addition, each participant or beneficiary must be provided with a statement explaining any fees and expenses that can be charged on an individual basis (as opposed to a plan-wide basis) and that are not reflected in each DIA's total annual operating expenses, such as fees for processing plan loans or qualified domestic relations orders
; fees for investment advice; fees for brokerage windows; commissions or front-end or back-end loads or sales charges; and redemption fees.
Qualified domestic relations orders
and qualified medical child support orders; and5
Separation from service at or after age 55 and qualified domestic relations orders
apply only to 401(k) plans.
They describe cash balance plan design, administration, age discrimination rules, communication (including reporting and disclosure), plan costs, eligibility and vesting, distributions, accrual rules, coverage and nondiscrimination testing, "top heavy" testing (including determining key employees), investment of plan assets, plan termination, qualified domestic relations orders
and determination letters.
Part III covers in-service distribution-related forms, including issues raised by qualified domestic relations orders
. Part IV gives examples of the general plan documents that employers ought to have in place and Part V deals with distribution-related issues.
Retirement funds also can be attached through qualified domestic relations orders
and federal tax hens in or outside of a bankruptcy.
In a sort of thrust-and-parry encounter, each effort by the government to make asset preservation more difficult has been met with new legal end-runs: gifting, irrevocable asset preservations trusts, annuities, Miller Trusts, qualified domestic relations orders
, life estates, and so on.
There are two other situations under which you can pull out funds, but these apply to employer-sponsored plans only: separation of service and qualified domestic relations orders
When it comes to qualified domestic relations orders
(QDROs), plan sponsors and recordkeepers need to head off potential issues before they become larger problems.