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I am trying to help a 50 year friend of my wife. Her deceased 2nd husband was a 50 year friend of mine. Our friend, lets call her "L", got divorced in 2001.

her ex-husband worked for Dade Behring. As part of her divorce settlement there was a QDRO set up. DB instructed "Merrill Lynch/Howard Johnson & Co" (record keeper for the plan) to set up a "cash balance plan" in her name. Set up in 2001 and by 2003 had grown about 7K to a total of 55K. L moved from MD to FL for 2002, 2003, 2004. L moved back to MD in 2004. L contends she forwarded her new MD address to DB but never got any other correspondence from them in MD. After her move from FL, hurricane/flooding at the lake area, the FL address no longer exists. One of her original choices on the DB letter was to (do nothing) wait until no later than 70 1/2 to take distribution. L elected to wait till 60 and has searched everywhere for this QDRO account. Dade Behring was bought by Siemens Co somewhere in 2008-9 time frame. There is nobody at DB, they are gone. Her SSN is not listed at; Siemens, Merrill Lynch, Fidelity, Prudential, Pension Rights Center, US Dept of Laboror Pension Benefits Guarantee Corp. They all contend to know nothing about her or the QDRO. We sent a fax to Siemens Co back on Dec 12, 2014. As of today they don't have a resolution and say they are investigating. Where can we track this QDRO? We have the signed, sealed QDRO in our possession. We have made 100+ calls, spent endless hours, and sent out faxes and letters with information. Still nothing. Where do we turn next?

PS- our friend L does not have a computer or know how to use the internet. My Wife & I are her main avenue for finding this.

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A retirement plan is required to notify the participant and alternate payee "promptly" about the receipt of the order and "within a reasonable time" about qualification. You need that evidence. A surprising number of domestic relations orders languish and do not get deliverd to the plans. Individuals have to watch out for their rights. If "L" was represented, it is possible that her lawyer has retained the file that would have notices. It is a best practice for a lawyer for an alternate payee to provide for direct notices to be sent directly to the lawyer as well as the alternate payee.

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Thanks for the input....The attorney for L has been contacted and has no idea how to locate the QDRO. Strangely, back in 2001 he wanted her to take the cash distribution at the time of the divorce??? We really believe that Dade Behring processed the QDRO. They sent her a letter stating the "record keeper for the plan" and even what the new balance was. The problem stems from the Dade Behring demise and WHO the plan was transferred to before Siemens took over or WHO they transferred it to. Merrill Lynch really surprises us that have NO RECORD of anything. For a period of time they and some affiliate were the "record keeper for the plan". Now they seem to have amnesia and don't keep records that old??? I believe it is not a new SALE so they don't want to take the time to investigate this. "Merrill Lynch/Howard Johnson & Co" were the last known keeper, shouldn't they be required to state who they transferred it to? They say they can't do that! Strange, ML/HJ were charged with keeping records, can't express where the funds went, now blame Dade Behring &/or Siemens???

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You may be able to trace the plan through the annual Form 5500 that the plan files. The publicly available on-line records do not go back to 2001 but I think there are services that, for a fee, can retrieve the records and possibly could be more helpful in tracing the plan through various corporate and plan mergers because of familiarity with the information that a Form 5500 presents. See what Judy Diamond Associates does these days.

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Dade Behring 2007 5500.pdf

Freeerisa.com has a 2007 Form 5500 for a plan with that name. See attached. I only have the free search access and it does not show any other filings for that plan. I tried the DOL website and there are no filings for that EIN.

If this Form 5500 is for the correct plan, you might try calling the PBGC and ask them if they can help you find out what happened to the plan. The Plan will be listed in their records under the EIN and Plan Number listed on the first page of the Form 5500.

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DB was purchased by Siemens in 2007. There are two possibilities regarding the DB retirement plan.

1. Plan was terminated and all accrued benefits were distributed to participants and beneficiaries. Free ERISA should be able to tell you if plan was terminated. If L had a benefit under the DB plan PBGC will have a record of it which can be accessed by contacting the PBGC website. L can collect benefit from PBGC.

2. DB plan was merged with siemens retirement plan and L's benefit became payable from the Siemens plan. Its possible that Siemens doesn't know about L's QDRO or that the DB QDRO records are somewhere in storage which no one wants to look for. L should ask her attorney to send all of the documents including the QDRO to Siemens and ask Siemens to determine the amount of her benefit. If Siemens claims that it has no record of L's benefit then the attorney should file a claim for benefits with the Siemens DB plan under ERISA. Siemens will have to respond to the claim and either approve her claim or deny it. If it is denied the plan will have to give a reason for the denial. Plan has maximum of 180 days after claim is filed to either approve or deny claim in writing.

mjb

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Its unlikely that making more calls will have any results since over 100 have been made. Problem is that no one at Siemens wants to perform the due diligence needed to discover where the benefits are located. Fastest way to get plan admin to perform due diligence is to file a claim for benefits under ERISA which the plan cannot ignore. If plan denies benefit its must give a reason and inability to find records of benefits is not one of them. Only valid reason to deny benefit claim is to produce evidence that benefits were paid.

I have represented participants who have filed claims for missing benefits where the Plan administrator has produced cancelled checks for payment. The information is there, probably in an Iron Mountain warehouse. The Plan admin just has to be motivated to find it.

mjb

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Here is the news release announcing the acquisition of Dade Behring, July 2007. Don't know when the transaction was completed.
http://www.siemens.com/press/en/pressrelease/?press=/en/pr_cc/2007/07_jul/axx200707103_1457193.htm

Attached is the form 5500 for the 2008 plan year. Note the plan name.

A review of other Siemens documentation indicates (not verified) that:
"The Siemens Healthcare Diagnostics, Inc. Cash Balance Plan (SHDI) was merged into the Siemens Pension Plan effective March 31, 2009."

SiemensHealthcareDiagnostics 2008 5500.pdf

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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