Destiny
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@fmsinc To be clear , the plan states they released the interest barring account two months after they sent the letter to my ex- husband . QDRO has provisions that the ADMINSTRATION have to pay me an offset , if the participant is paid my share . The plan did not have a certified QDRO at the time . They made a mistake . They sent me an audit letter and than released the funds to my ex- husband back in 2016, a few months after , they sent me an audit letter . We we were still in divorce court . Then , when they received a certified QDRO a few years letter they nailed me a letter that they released my share. They never sent me or the QDRO attorney a letter that they released my share in 2016, to my ex. They approved the QDRO in Sept 2017. And , received a certified QDRO July 2018. Now , I’am going after the administration through the DOL. DOL is investigating the files . Iam asking for an offset of my share .
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I’am a alternate payee .. plan received a certified QDRO back on July 2018 .. Divorce was filed July 2015. Pension plan was joined to the divorce case , to divide the assets . The plan is a contribution plan. Does the 18-month segregation begin when the plan receives a certified QDRO from the court . The plan never sent a letter when they will start the 18- month segregation period . It is a shared pension . Not seperate .
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Scenario - A pension plan was joined to a divorce back on June of 2016; after the case was filed back on July of 2015 . In August of 2016, alternate payee receives an audit letter from the plan , to put up her community share in an interest-bearing account, until the divorce is final. The plan received a certified QDRO in July of 2018. Do the plan hold the funds that were set- up in the interest-bearing account mentioned in the audit letter, back in 2016, in a 18-month segregation period, required by erisa , or when they are joined to the divorce ?? If so, 18- months will expire soon ... under ERISA when are they required to release the retroactive benefit to the alternate payee ? Thanks kindly, Destiny