Nothappy64 Posted March 31, 2020 Posted March 31, 2020 I have a separate account on my ex husband pension plan and I want to get payee in a lump sum. So I can by law get a lump sum
david rigby Posted April 1, 2020 Posted April 1, 2020 Implied in your question is that you have a Qualified Domestic Relations Order (QDRO). Correct? If so, has it been reviewed and accepted by the plan administrator (something in a property settlement is not sufficient)? If so, the terms of the QDRO should indicate what options (if any) you have. Assuming you refer to a defined benefit plan, some (perhaps most) such plans do not offer a lump sum option unless the value is less than a fixed amount (eg, $5,000). 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.
Nothappy64 Posted April 2, 2020 Author Posted April 2, 2020 Yes I already had the QDRO signed by the judge and approved by the administrator. But I'm in a financial hardship. So I can't even rollover my part of the pension
Nothappy64 Posted April 2, 2020 Author Posted April 2, 2020 I could of requested a early retirement when he turned 55 years old but couldn't afford to pay for the QDRO but now that I've done all that, he's 60 now so can I get my share from when he was 55 to now
Nothappy64 Posted April 2, 2020 Author Posted April 2, 2020 So what does this mean: U.S. Department of Labor Employee Benefits Security Administration QDROs The Division of Retirement Benefits Through Qualified Domestic Relations Orders Section 206(d)(3)(B) of ERISA defines the terms "qualified domestic relations order" and "domestic relations order" as follows: (B) For purposes of [section 206(d)(3)]-- (i) the term "qualified domestic relations order" means a domestic relations order-- (I) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under the plan, and (II) with respect to which the requirements of subparagraphs (C) and (D) are met, and (ii) the term "domestic relations order" means any judgement, decree, or order (including approval of a property settlement agreement) which-- (I) relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant, and (II) is made pursuant to a state domestic relations law. Section 206(d)(3)(C) requires that in order for a domestic relations order to be qualified such order must clearly specify (i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered by the order; (ii) the amount or percentage of the participant's benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined; (iii) the number of payments or period to which such order applies; and (iv) each plan to which the order applies. Section 206(d)(3)(D) specifies that a domestic relations order is qualified only if such order does not require (i) the plan to provide any type of benefit, or any option, not otherwise provided by the plan; (ii) the plan to provide increased benefits (determined on the basis of actuarial value); and (iii) the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. The term "alternate payee" is defined by section 206(d)(3)(K) to mean "any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant."
Mike Preston Posted April 2, 2020 Posted April 2, 2020 You need to talk to a lawyer. Nobody here can give you the in depth answers you are looking for. With that said, it is highly unlikely that you are entitled to 5 years of payments in one fell swoop. The good news is that the way qdro's are typically drafted you will probably be entitled to higher monthly payments at 60 than you would have received at 55. Good luck.
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