Form 8955-SSA

[MarZDoates]

Are alternate payees (under QDRO) required to be reported on Form 8955-SSA? Account balance is still in the plan. Thanks.

[ETA Consulting LLC]

Not to the extent the "participant" is still employed. Good question, though. I would say "IF", and "when", the participant whose account was split is subject to being reported on the form, the QDRO alternate would be reported. I'm shooting from the hip on this one and did not actually research this particular fact pattern, but it would appear to be consistent since the QDRO balance is still considered the participant's (just payable to an alternate payee).

Good Luck!

[david rigby]

I might take the other direction. It's usually easiest to report on SSA when the information is "fresh", so do it as soon as you can, without regard to the participant's status.

[My 2 cents]

My understanding, derived from the language of the instructions to the 8895-SSA form, is that one reports "participants" who terminate employment with deferred benefits. As a result, one does not report as an "A" an active participant who dies, with a surviving spouse entitled to a deferred death benefit (although if the participant had previously terminated employment with a deferred benefit and then died, with a deferred death benefit being due, one might well report the participant using code "D"). One would also not report alternate payees under QDROs - they are not "participants". If the IRS wanted surviving spouses of deceased participants or alternate payees of participants reported on the form, then the instructions would say so.

Note that if one is talking about the PBGC filing or the 5500 filing, one would not include in the life counts an alternate payee of an individual who is included in the life counts. If the participant has died but the alternate payee remains entitled to benefits, then the alternate payee would be counted.