GMK

some typos make us immature types smile. I wonder if it has a long jawbone. edit: of course, this comment doesn't make any sense since JVerse (appropriately) edited post #4 ... but I'm still smiling.

The employer has to provide the employee with an SPD for the health plan, and the SPD has to explain eligibility requirements, which would include a description of the circumstances and rules for special enrollment periods, such as, after the birth of a child. It'd be nice if the employer reminded the employee about maybe enrolling the child, but I don't think that's required.

Thank you, Dave, for your diligence and for deleting the recent spray of spam, which spam would have been more appropriate yesterday (no foolin').

The swings are not in contact with each other, so Mr. Science is soon gonna have to explain why the swing set looks like my bracket picks after they played all those basketball games ... although, to my amazement, I still have my final 2 in the running (usually I'm done by now).

^Yes. An excellent suggestion, Mr. Chad.

First article listed in a google search: http://www.groom.com/media/publication/1171_BLJ_Puerto_Rico_Qualified_Retirement_Plans.pdf Check pages 6 & 7 of the pdf, and cites are at the end.

That makes it a QDRO, assuming the DRO was signed by the judge, and you should have gotten what the QDRO specified. On the other hand, if what the plan administrator approved was a draft DRO (not signed by judge), then it's more complicated and your attorney may have to sort it out. The divorce decree defines what you get. The QDRO is an extra document relating to what you get from a pension plan. Generally, the QDRO reflects what the divorce decree specifies, but in a format and with the specifics that the pension plan needs to be allowed to release benefits to you from the plan. Sounds like your ex tried to pull a fast one (use up the account and then agree to the DRO), but I don't have all the facts and I am not a lawyer.

I like following the rules, but I wonder who is going to complain if they have access to the same funds but now at a lower expense ratio even though they didn't receive a piece of paper announcing the decrease in cost to them 30 days earlier. As Lou S. asked, what is the penalty the DOL would invoke? Does the fund company notify anyone 30 days before they increase an expense ratio?

^good point, BG, and this fits with those plans that require that rollovers must be for at least $200.

yes

For reference, you are correct, COBRA does not extend the penalty deadline for signing up for Part B. It does, however, extend the deadline for signing up for Part D ... not that that matters here.

jsbenn, you are correct about the meaning of these terms and how much confusion they have and will continue to cause. I think KED (in post #3) is on the right track. As you probably know, COBRA does not provide coverage. It provides for continuation of coverage under the health plan. So, it's the terms of the health plan that govern. Although one would assume that continuation coverage means that the coverage you had before COBRA continues while you are on COBRA, apparently (from KED's post) the health plan can have different terms of coverage when you go on COBRA. A good SPD would inform participants that coverage may change (like the 20% limit) when they go on COBRA, but I think such a warning is not required in the SPD. If you file (in writing) an appeal of the denial of your claim, they will have to provide written documentation from the plan documents why the claim was denied. Procedures for filing an appeal should be in the SPD. It may not turn out well, but at least you'll know why.

I couldn't find the original posting of this slice of humor, but I did find your prognostication of the complete pi day date in 2 years. Since it will fall on a Monday, maybe it could be a new federal holiday!

FWIW, I would accept a written certification from the executive director that she did not work more than 30 hours a week, but I think it's a stretch to presume that she did not. No one would be surprised if she was working day and night to promote and direct the wonderful charity.

Applicants for advanced level positions get the question: You have a 9-inch cake. What is the area, in square inches, of the cake? Show your work. Passing the exam depends on knowing that cake are square, so you can use the accepted formula of pi x (9 square). Yes, it gets tricky if you find a round cake, but you can simply eat parts until it's square, and then everything is OK again. (It must be Friday.)

does this have anything to do with pi day?

Happy pi day.

I would think that if you have records that show that she/he actually worked less than 30 hours a week, you could claim part-time. For example, if the salaried people keep track of (and report) the time they spend on different projects for "costing" purposes, you would have a record of their hours of work per week.

Deferrals must be deposited (segregated from the company's assets) promptly after being withheld, but for other contributions, see the "Timing of other contributions" section of this: http://www.irs.gov/Retirement-Plans/401(k)-Plan-Fix-It-Guide---You-have-not-timely-deposited-employee-elective-deferrals As long as you use the correct compensation, and the plan says you can do a true up, you appear to be OK.

I suggest that you contact the Plan Administrator to find out if they received the DRO, if they found it to be qualified (if not, when will they decide), and when you can expect to receive the benefit and how to apply for it. If the Plan hasn't received it, contact your lawyer to confirm that "complete and out of their hands" means that the judge signed the DRO, and it was sent to the Plan. Good luck.

From what's posted, you should be able to rollover the entire 40,000. If you do a direct rollover, there is no withholding and no tax due at this time (except a rollover to a Roth IRA would be taxable). Any cash you receive (do not roll over) is taxable as ordinary income and is subject to mandatory 20% federal withholding. In addition, since you have not reached age 59-1/2, it is likely that you would also have to pay (when you file your 1040) a penalty tax equal to 10% of the amount not rolled over. Yes, the amount withheld is included in the amount not rolled over and is subject to income tax and the penalty. You can rollover cash that you receive in the distribution to an IRA yourself if you do it within 60 days, but if you wanted to rollover the entire 40,000, you would have to come up with the amount that was withheld from other sources, like other savings.

picky detail - From the OP, it looks like the receiving institution did not complete the rollover and that the participant was not a part of the rollover, other than to request it. The receiving account number on the rollover request form was that of the IRA account and not the checking account, right? I agree that the payor is off the hook on this one.

http://www.irs.gov/pub/irs-drop/rp-13-12.pdf it's kinda long. you can get commentary by googling: rev proc 2013-12

^ just be careful if they refer to Publication 590 http://benefitslink.com/boards/index.php?/topic/55047-multiple-iras-and-rollovers-in-a-12-month-period/

^ some still do use