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July 21, 2025

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DDB BN created a topic in 401(k) Plans

Can This Distribution Be Processed Without a QDRO?

"401k PS plan. The Owner and his wife are going through a divorce which has been ongoing since last year. It is a nasty divorce scenario and may go on for another year or so. The Owner and his wife both have an account in the 401k plan. The wife terminated employment last year and is requesting a partial distribution now to pay her Attorney's fees. We received the request to approve her partial distribution. Since we are aware of the impending divorce since last year, we informed all parties that a QDRO is to be prepared for both the Owner and his wife's benefits. The Attorneys on both sides indicated that the QDRO is not necessary as the Owner said it was okay for his soon to be ex-wife to take the distribution. I am not in agreement with this. There is nothing in the QDRO procedure in the plan document that addresses this issue. Can this distribution be processed without a QDRO?"

5 replies so far   |    Click Here to Add a Reply

Lena created a topic in Health Plans (Including ACA, COBRA, HIPAA)

Medicare and COBRA: How to Get Coverage for Providers Not Participating in Medicare

"I am 66. My job at a large company ended June 30, 2025. I enrolled in Medicare so that everything except Part A would be effective July 1 (Part A is retroactive to August 1, 2024). Specifically, I enrolled in Part B, Plan G, and Plan D and the coverage became effective July [1] The information that my employer provided me was confusing as to whether I'd be offered COBRA so it was not in my sights until I just got the COBRA paperwork. The benefits administrator (a company they engaged to do the billing) confirmed when I inquired that I could be enrolled in both Medicare and COBRA since both started (or would start, for COBRA) on the same day.

"The cost of COBRA coverage, through Aetna, would be $800/month. I would not consider paying that amount since I am already taking a beating through IRMAA, but I have two mental health providers who do not take Medicare. Because of the shortage of good mental health providers, I do not want to switch to someone who does take Medicare just so it costs less. Therefore, if COBRA would pay the benefits I have become accustomed to, I would at least break even if I did elect COBRA and have Aetna pay as the secondary insurer.

"Before I commit to COBRA, I have a few questions that I have not been able to find clear answers for, even when calling Aetna and Medicare.

  1. The Aetna representative was obviously not familiar with the complexities of Medicare since she just kept repeating 'submit an EOB from the primary insurer' as if that insurer were not Medicare. Does anyone know how I would get an EOB if the provider does not take Medicare (and therefore would not file a claim)?
  2. Another Aetna rep I spoke to said 'if the provider opted out of Medicare, we will cover it.' However, the provider did not strictly opt out, they just don't take Medicare.
  3. Do I have to submit the Medicare claim form before submitting to Aetna? (Section 3 of the form asks about other insurance, so perhaps not?)
  4. In terms of the claim form, does anyone know what the difference is between (a) 'refused to file a claim,' (b) 'is unable to file a claim,' or (c) 'is not enrolled with Medicare.' If I don't go with COBRA and have to file this form, would I choose (c)?
  5. If my Plan D coverage has a very high cost for a medication, can I file for reimbursement with Aetna to get my amount down to what I would pay with them?
  6. Does anyone have any other cautions about embarking on this somewhat risky plan, since I could end up paying for COBRA and not getting those non-accepting Medicare providers' costs covered?'
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rocknrolls2 created a topic in Retirement Plans in General

Include Earnings When Restoring Forfeited Accrued Benefits?

"Plan X, is a profit-sharing plan which provides that if a participant cannot be located after a diligent search has been made, his/her account balance shall be forfeited, subject to restoration upon the making of a claim. If a participant's beneficiary makes a claim for the participant's account balance, does the plan need to restore earnings that would have been credited to the account?"

3 replies so far   |    Click Here to Add a Reply

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