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A "qualified domestic relation order" (QDRO) is a domestic relations order that creates or recognizes the existence of an ?alternate payee's? right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that ...
A spouse or former spouse who receives QDRO benefits from a retirement plan reports the payments received as if he or she were a plan participant. The spouse or former spouse is allocated a share of the participant's cost (investment in the contract) equal to the cost times a fraction.
Section 204(h) notice is required for an amendment to an applicable pension plan that provides for a significant reduction in the rate of future benefit accrual. (b) Early retirement benefits and retirement-type subsidies.
Yes. An alternate payee has all the rights and privileges of a beneficiary under the plan, so they should receive summary plan descriptions, annual reports, and an explanation of rights.
Generally, an alternate payee is entitled to a distribution from the plan at the same time the participant is eligible for a distribution. However, the QDRO may allow for an immediate payment from the plan. Distribution Request Form is used by an alternate payee to request a payment from the plan.
Pensions are defined-benefit plans. In contrast to defined-contribution plans, the employer, not the employee, is responsible for all of the planning and investment risk of a defined-benefit plan. Benefits can be distributed as fixed-monthly payments like an annuity or in one lump-sum payment.
(8) Alternate payee defined The term ?alternate payee? means 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.
Taxes. When an ex-spouse receives distribution of plan benefits pursuant to a QDRO, he or she is responsible to pay the associated income tax. While this may seem obvious, both parties do not always understand that fact. Sometimes, however, the parties do understand and try to renegotiate the tax liability.