KaJay Posted December 11, 2020 Posted December 11, 2020 Background: Susan dies and has left her 403b to a specific "Ministry A" within a religious denomination. The named "Ministry A" no longer exists. In the words of the religious denomination: "Ministry A" is now "Ministry B" - a likeminded ministry who also serves the mission of "ministry A". To my knowledge there was not a formal merging of entities but rather maybe a reorganization in which Ministry A dissolved and Ministry B took over some of roles of Ministry A. Susan never named a contingent beneficiary. In the absence of a living/existing primary beneficiary and there is not a contingent beneficiary, the Plan's default is to push to the estate. Question: What does the plan need to know about Ministry B to determine if it can serve as the beneficiary of Susan's account?
C. B. Zeller Posted December 11, 2020 Posted December 11, 2020 I would advise the plan to hire an attorney. This is outside the scope of most plan administrators' expertise. Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
david rigby Posted December 12, 2020 Posted December 12, 2020 While it can be beneficial for the PA to get its own legal advice, note that changing names or focus of various ministries is common. Some programs are part of a larger focus, might be spun-off, might be merged with others, etc. Look to the actions and words of particular religious denomination at the time that Ministry A was discontinued, or merged, etc. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
QDROphile Posted December 12, 2020 Posted December 12, 2020 This is an interpretation question. It may well involve corporate law, e.g., is ministry B the legal corporate successor to ministry A? That might provide a satisfactory answer. It might not. I would start there, because it is conventional. Luke Bailey 1
Bob the Swimmer Posted December 14, 2020 Posted December 14, 2020 What does the Plan say ? If it goes to the estate, the probate court will decide if the new beneficiary meets the testator's requirements, Luke Bailey 1
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