Yep, every actuary with a takeover relationship has had the same thoughts. Generally, we just remove (code D) as many (lump sums) as possible next filing. If the person has previously been reported as D, so what? (To be precise, we assume such reporting is "no harm, no foul".)
We are trying to discourage this from happening, but there are other advisors saying there should be no problem with this.
In the meantime, I'm reading about codes 414b, c, m that are in place to "prevent employers from setting up multiple entities to avoid paying certain employees benefits they normally would have to pay"
Sorry, but I have a bit of difficulty accepting the idea that a physician forgot about one or more tax-sheltered retirement funds. Sounds a bit like an attempt to defraud the spouse to me. I am not a lawyer, but hiding assets in a divorce situation is fraud, right?