Message Boards Digest

June 10, 2019

Here are the most recently added topics on the BenefitsLink Message Boards:

SSRRS created a topic in Defined Benefit Plans, Including Cash Balance

Fair Value of Plan Assets

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?
Number of replies posted  4 replies      Number of times viewed  82 views      Add Reply

Daggered created a topic in Qualified Domestic Relations Orders (QDROs)

Death Before QDRO Complete

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.
Number of replies posted  1 reply      Number of times viewed  46 views      Add Reply

VeryOldMan created a topic in Defined Benefit Plans, Including Cash Balance

4980 Excess Asset Issue

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.
Number of replies posted  3 replies      Number of times viewed  38 views      Add Reply

survivoroh created a topic in Qualified Domestic Relations Orders (QDROs)

Survivor Benefit from ERISA Plan for Ex-Spouse

[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.
Number of replies posted  0 replies      Number of times viewed  25 views      Add Reply

Dennis Povloski created a topic in Defined Benefit Plans, Including Cash Balance

Change Benefit Election on Plan Termination?

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.
Number of replies posted  2 replies      Number of times viewed  36 views      Add Reply, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
(407) 644-4146

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2019, Inc. All materials contained in this mailing are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

Links to web sites other than and are offered as a service to our readers; we were not involved in their production and are not responsible for their content.

Unsubscribe | Privacy Policy