david rigby

Depends on the terms of the plan and the terms of the QDRO. Might be questions that you should direct to the Employer/plan sponsor. By the way, have you sent the DRO to the plan sponsor? Only the plan sponsor can review a DRO to determine if it is "qualified", which is when it becomes a QDRO.

https://www.irs.gov/pub/irs-drop/rp-16-51.pdf

How can the Plan dictate employment policy?

It depends. Who made the error? Really, the answer might not be so obvious.

As a gentle reminder, IRC 414(p)(6)(B), states: "(B) Plan to establish reasonable procedures Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders." (emphasis added) In my observation, this rarely happens.

I have never seen a plan document that did not already address this situation, usually with language something like, "If the Participant dies before the Benefit Commencement Date..." So....what does the plan say?

Don't forget vesting. Don't forget TH.

...and check to verify whether any proposed action is subject to collective bargaining in advance.

Older discussion from 2007: http://benefitslink.com/boards/index.php/topic/35378-does-a-db-plan-need-an-investment-policy-statement/

Is this relevant to your situation: http://benefitslink.com/boards/index.php/topic/59448-trust-as-beneficiary/

Hey fellow actuaries, the 2017 HATFA rates are available: https://www.irs.gov/retirement-plans/funding-yield-curve-segment-rates

My sympathy for your loss. If you contact the employer (ie, the sponsor of the plan), they might refer you to contact Fidelity. If so, don't think of this as a brush-off, but is probably a form of "out-sourcing", with day-to-day administrative responsibilities transferred to Fidelity. Austin is correct that you should inquire about the plan's default definition of beneficiary. It is not necessary to provide all the personal information for all the survivors, only for those who meet the beneficiary default.

Actually, "punishment" is partially correct, but also misleading. TH rules can affect small plans that are exactly identical to large plans, except for the relative number of Key EEs. Is that a logical reason to impose stronger N-D tests? A little analysis of the history of non-discrimination rules will make it clear that TH was created long before the 401a4 rules. If we had a little common sense in Washington, they would review all the N-D rules taken together, and find ways to simplify. However, those of use who have been around know that anything that goes in with the label of "simplification" comes out with the description of "complification".

Also posted in another Forum. Look for responses here: http://benefitslink.com/boards/index.php/topic/59499-us-citizens-working-for-chilean-sub-of-us-parent-us-plan-coverage-options/

Duplicate post in another Forum. Reponses are posted in: http://benefitslink.com/boards/index.php/topic/59483-acp-refund-correction-method/

Got link?

Data as of 08/31/2016 (Wednesday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 3.24 3.24 Aa 3.35 3.39 3.37 A 3.54 3.56 3.55 Baa 4.15 4.22 4.19 Avg 3.68 3.60 3.64 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 1.07 Medium-Term (5-10 yrs) 1.37 Long-Term (10+ yrs) 2.00

Ask prior TPA why they did it that way?

"It depends on what the court order said." Caution: from the plan's viewpoint, it depends on what the QDRO says, not the divorce decree and/or property settlement agreement.

Glad to help. Please send me your contact information to: davidp.rigby@yahoo.com

Got several, in NC, GA, SC, VA, DC. Do you have a geographic consideration?

Yes, this is the essential question. BTW, no one on these Message Boards can answer that for you; it is a question that should be directed to your company's HR department.

For those not familiar with Derrin: http://benefitslink.com/modperl/qa.cgi?db=qa_who_is_employer

It might be useful to: - identify the parties, - identify the attorney(s), if any, - identify any relevant dates (if not already in the DRO), - state whether the plan administrator has reviewed and approved a draft of the DRO.

Very unusual request. Is the requested information related to the TPA fee? any other fee? If not, ask the auditor for some documentation why the requested items are relevant. BTW, it's pretty common for benefit plan audits to have some of the "newest" employees of the audit firm, so consider the possibility that someone is just following a checklist, whether or not it has a bearing on the particular situation.