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I think yes, and it should be 110% funded.

QDROphile, I don't know if you were *trying* to be funny by saying I should puke, but it was not funny at all. How silly. I was simply trrying to be light-hearted in saying that I was nauseated. I also went ON to state that I think I've probably overlooked something. I was hoping that my colleagues could give a simple answer, such as mbozek did, as to a new way I could approach this issue. I'm sorry if you're having a bad day; you're typically a big help on these forums but this time you've been 'less than helpful'. No thanks to you. Mbozek, thank you. The trustee takes full responsibility in not educating himself of the investment before allowing T to invest. "Clearly a fid should be able to expunge/sell an investment if it is a PT or could subject the plan admin to a breach of fiduciary duty in allowing an impermissible investment." <---- I totally agree, no question. Does the fact that T's wife works for the Holding LLC's holding (the bank), make there a PT? I am pretty sure the Trustee here would love to get rid of the investment, we're just looking for a way to do so legally. Having there be a PT would be the grounds for the riddance of the asset. So the main question comes back to, could this be a PT? Thanks again Mbozek.