david rigby

Might apply to multiple participants?

I would be interested in reading comments from our QDRO legal beagles: http://hr.dickinson-wright.com/2019/05/24/surprise-a-qdro-can-apply-to-a-welfare-benefit-plan/

In my observation, most plans do not restrict the retiree from changing the beneficiary in such circumstances. However, as stated above, plan rules govern.

Is there a trustee? Does the trustee control the account?

Whose attorney? The plan should take (or, at least listen to) advice from its own attorney. The attorney for the beneficiary and/or the estate does not get a vote.

Does the plan have any mechanism for such "return"?

It's my understanding (look for prior discussion threads on this point): Because the estate is not a natural person, the estate cannot establish an IRA and the estate is not a participant in another tax-qualified plan; therefore, the estate does not have an option to elect a direct rollover. Since the 20% withholding applies only to “rollable” distributions, this default withholding does not apply to any payment to an estate. Accordingly, the “other default” withholding will apply: 10%. However, the estate has the right to elect zero withholding, and can use W-4P for this purpose. The estate’s right to make this election is specifically mentioned near the top of the first column on page 2 of the W-4P instructions. https://www.irs.gov/pub/irs-pdf/fw4p.pdf QDRO is not related to this question.

Is there a question?

The likely answer to that question is found here (ie, "to get a better job!)

Perhaps it's only a small point, but the thread title and the original post might be misleading. According to the OP, the bargaining agreed to deferrals "but no match". I read that as the CBA employees are not eligible for a match. The title says "match not bargained", which is (IMHO) a different matter. Just a request to be cautious with your wording, especially because it may affect the responses.

In simple terms, "non-discrimination" tests are how "fairness" is defined. In most cases, this is a concept that compares HCEs relative to NHCEs. It does not prohibit discrimination within either category. (There are exceptions to the "comparison", such as the 415 limitation which is an example of absolute limits without comparing HCEs to NHCEs.)

Perhaps engaging an auditor should also be considered.

http://www.actuarialstandardsboard.org/standards-of-practice/#filter=* Go to ASOP 51, and "download the PDF". Search the document for the word "accounting". You find a few references in the Appendix that address this issue.

Currently in the process of doing a plan termination and we suggested Peter's approach of all direct deposit. That suggestion was rejected precisely because of Kevin's point.

Not quite clear from the OP, did the in-service distribution and the retirement both occur in the same year?

Data as of 04/30/2019 (Tuesday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 3.71 3.71 Aa 3.87 3.78 3.83 A 4.05 4.05 4.05 Baa 4.49 4.80 4.65 Avg 4.14 4.09 4.12 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 2.26 Medium-Term (5-10 yrs) 2.43 Long-Term (10+ yrs) 2.84 Observation: comparing the Avg rates to 12 months prior, current rates are 14-19 points lower. Comparing the Avg rates to 6 months prior, current rates are 49-55 points lower.

Is the plan audited? Is there a service agreement? The Plan Administrator may wish to engage ERISA counsel.

It's not clear the widow's best interest is served via using a QDRO. Wouldn't her benefit be maximized by ignoring the QDRO?

Maybe that question should be answered first?

If "we" is the TPA, and there is also a prior TPA, consider the possibility that you might not have all the information about one or more of those accounts.

Don't forget that a money purchase plan is a pension plan. I've seen MP plans restated to be a traditional defined benefit plan. Is that relevant to your situation?

Google get you this: https://www.bizapedia.com/tn/american-preferred-life-insurance-company.html Tennessee Department of Insurance: https://www.tn.gov/commerce.html I don't know this company, so am unsure if it's what you need.

Does (3) have any bearing on the QDRO?

I'm curious, would you inquire as to whether the participant understands that term?

Reasonable expenses.