A DB plan is invested in numerous annuities. A FASB report was prepared and the fair value of the plan assets used was based on the gross contract value, as opposed to the contract value less the withdrawal charge (surrender value). [1] Is this OK (or should the value be the surrender value)? [2] If the plan is overfunded either way, is this an immaterial issue?

What happens if the ex-spouse dies before a QDRO is completed? There are two accounts -- 1 is a defined benefit pension, other is a 401(k). The divorce was finalized one year ago. QDRO started as soon as decree signed by judge. Ex-spouse is of retirement age now, but not collecting pension yet. My attorney outsourced the QDRO. That company says they don't deal with clients, only with attorneys. Located in New York.

I continue to struggle with the excess assets issue in a terminating pension plan. The rules under 4980 seem to permit the maximum 415 lump sum to be exceeded.

[1] All references are to Ohio law (besides ERISA). [2] Divorce of 20 years was finalized in 2007 with each waiving rights to each other's pension; survivor rights were not stipulated in decree. [3] Ex-husband passed in July 2018 with ex-spouse naming me as beneficiary for all benefits including 401k, pension, etc. [4] Former employer refuses to provide application for survivor benefits stating that because ex was not married at time of death, there are no survivor benefits to be paid and the plan does not allow for payments to dependent children (two children -- currently 15 and 21). [5] In December 2018, I was appointed the administrator of estate in order to resolve estate on behalf of children and subsequently requested copy of employment file. Employer responded with an incomplete file and has failed to respond to subsequent requests. [6] It's my understanding that if our domestic court judge approved a QDRO designating me or children as designated survivor then former employer would be required to honor QDRO. However, I do not know how to proceed on unraveling and pursue a claim on behalf of myself or estate. I know that I need an attorney but I don't know if I need an ERISA, domestic court or probate attorney, or all of the above.

Plan is a traditional defined benefit plan. Plan has 4 participants who elected annuity forms of payment, and are receiving their payments from the plan's trust. The plan will terminate through a standard termination with the PBGC. Can the participants already in pay status make new elections on plan termination if, for example, they want to get a lump sum from the plan? Let's assume the plan will be fully funded and can pay out 100% of all benefits due. Onr reference source says that 401(a)(9) allows for a change of election upon plan termination, but I just want to double, triple, and quadruple check with the community as well.