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HRA - Assets Split on Divorce


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It is not ERISA-governed because the employer is a governmental agency.  It is a stand-alone, retiree-only HRA.  There is anti-alienation language in the document, but no citation to any IRC provision.  Is the anti-alientation language sufficient to rely upon?  A court has ordered the division.

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You might want your lawyer's advice about whether the court that ordered the division has sufficient jurisdiction over the plan's administrator to compel the administrator to perform the act (if any) the court ordered the administrator to do.

States' laws vary widely about whether a proceeding that involves a State or local government must or need not be brought in a special-jurisdiction court, and what procedural conditions must be met in seeking relief against a government agency or official.

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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