Can someone please clarify how funds are supposed to be considered in a Participants 401k if they are sitting stagnant pending the parties QDRO process... Especially if the funds and process took nearly 5 years to finalize... The court orders specifically state that even if the Alternate Payee dies, the monies owed to the Alternate Payee would still be paid out to the Alternate Payee's personal estate and NOT remain the property of the Participant... That being said, then would this amount still need to be considered and used in the Testing and, does it further effect a plan that is already top heavy? Are there any exceptions in a situation like this seeing as the monies would NEVER be the property of the Participant?
Thank you for any suggestions.
