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Found 2 results

  1. I have a governmental entity setting up a 457 plan and wants to provide a match as well. We are planning to have a paired 401(a) plan so employees get to defer up to the 457 contribution limit each year. For the document , does the 401(a) document just have the employer non-elective language with each person being in their own rate group? In that case, the client will fund the match contributions only for those who made 457 deferrals, and since governmental entities are not subject to nondiscrimination - your allocation amount doesn't have to satisfy any testing. I may be overly complicating how to draft the 401(a) vs 401(m) document items. It doesn't seem like my 401a plan needs any matching contribution language since that plan will not have an deferrals.
  2. I have a scenario that I need help with. My parents divorced back in 1996 and as a part of the Divorce Decree there was a Consent Order stating that my father in these exact terms quoted: "shall pay the legal fees for and cause to be drafted as part of the decree a QDRO directing the Federal Office of Personnel Management to pay to the wife, son the husbands retirement, one half of the marital portion of the Husbands net annuity and, further, in the event of the Husband's death, to pay to the Wife a survivor's annuity based on the marital portion of the Husband's annuity." It then goes on to give a formula for how the "marital portion" is to be calculated. In 2003 my mother died unexpectedly and I settled her estate. I never knew that there was a divorce decree until last month when I had to search for the file because my father tried to claim her retirement benefits from her previous employer and I had to send it in to show that they were divorced and at that time after receiving the divorce decree info I ended up also finding out that he also waived any right he had to her retirement benefits in the same divorce decree. After seeing this divorce decree and the Consent Order within it I have a few questions that I am hoping that someone here can give me some direction on: 1) How can I find out if a QDRO was ever completed? 2) Under these circumstances, would I, as my mothers only child and heir, inherit the benefits from the QDRO? 3) Based on the Wording in the Decree it was my fathers responsibility to get the QDRO completed and paid for. If he never did can it still be required of him to be done post my mothers death by her estate and how would I go about doing this? Other possible pertinent information: My father is a federal government employee He has not retired yet but may be doing so within the next few months The divorce and everything pertaining to it was done in Washington DC My mother died in North Carolina and my father is a Maryland Resident. If you have any additional questions that could be helpful to giving some direction please let me know. Any Direction that can be given here would be of great help. Thank you in advance.
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