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Showing content with the highest reputation on 04/25/2025 in all forums

  1. Note also that some courts have found that property settlement orders and divorce decrees themselves satisfy the requirements of a QDRO--so the company may be evaluating whether what they have in hand qualifies as a QDRO even though it isn't styled as a standalone DRO.
    1 point
  2. I refrained from commenting on Effen’s original answer to the question about time lapse in submitting a domestic relations order to the plan because that answer is quite sufficient for practical purposes, and another more sophisticated and complete answer will be fraught with difficulties and complications involving matters of state law as well as what are called “equitable” concerns and principles. That won’t help you much. Furthermore, there are few regular responders in this forum who would venture to advise you about any specific action for you to initiate.Your situation is very dependent on facts and circumstances and lacking in adequate information upon which to act. The information you have been advised to pursue is relevant, but will be insufficient by itself to help you decide what to do.
    1 point
  3. Yes, that is typically how it works, but Ford's QDRO Procedures will specify their procedures. You should also request a copy of that. On your first item, likely you will get some very long responses after mine explaining things in more detail, but I have seen DROs filed and approved many years after the divorce. I am not aware of any statute of limitations on QDROs. If no DRP is file and you eventually start receiving your monthly benefits, the AP can still file, but their payment options will be limited based upon the optional form you selected for yourself.
    1 point
  4. Taking a step back. Generally speaking, the attorneys for both parties use the divorce decree to prepare a Domestic Relations Order (DRO). That Order is presented to the Plan Administrator (PA) for review (is it understandable, does it violate any plan provisions). The PA is not looking to see if the DRO satisfies the divorce decree, they are just looking to see if it complies with the plan's provisions and it understandable. It is up to the attorneys, participant, alternate payee to ensure the DRO satisfies the provisions of the decree. If the DRO satisfies all of the PA's requirements, they tell both parties that the DRO is "Qualified" making it a QDRO. QDRO is then sent to the court for approval. (I am just speaking in generalities, sometimes the court approval is requested before the PA's review, but that doesn't change the fact that the PA is the one who makes it a "Qualified" DRO.) Does Ford GRP go ahead automatically and enforces QDRO for pension per the divorce decree, or do they have to have a QDRO paper filed? Ford is only obligated to enforce a QDRO. If no QDRO, then no action. If Ford knows that a DRO is forthcoming, or maybe forthcoming, they can hold a portion of your benefit until they either have a DRO to review, or a limited amount of time has passed. They should have "QDRO Procedures" that specify their rules, but generally, they notify both the participant and the AP that they have received a request for payment, they understand a DRO might be forthcoming, they will escrow an estimate of the APs benefits for some period of time (usually 180 days). If no DRO is received within that time period, they will release the escrowed payments to the participant. Can she go ahead and file for a QDRO now after 20 years? yes If the plan admin has a QDRO on file, shouldn't I, been noticed about it? Yes. You can always request to see a copy of it. If one exists, you, or your attorney, signed it.
    1 point
  5. Yes, HSAs are an individually-owned account and therefore can be opened outside of the employer relationship. There are plenty of HSA custodians out there willing to take your money, including many of the big name financial houses. That can be done without any employer involvement. As you noted, the employee will have to be enrolled in an HDHP and meet the other HSA eligibility requirements to establish and contribute to an HSA. Here's a detailed overview of the HSA eligibility rules: https://www.newfront.com/blog/the-hsa-eligibility-requirements-part-1 https://www.newfront.com/blog/the-hsa-eligibility-requirements-part-2 Here's a quick slide summary: 2025 Newfront Go All the Way with HSA Guide
    1 point
  6. acm_acm

    Vesting At Retirement Age

    Be careful. As another poster said, it's the 5th anniversary of participation, not 5 years of participation, which often requires 1,000 hours in a plan year. I've seen this messed up several times by people just saying (and thinking) "5 years of participation". The actual words matter. It's best to not even say it that way.
    1 point
  7. Yes, a participant must become 100% vested upon attainment of normal retirement age as defined in the plan.
    1 point
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