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One of the methods used to calculate your former spouse's community property interest is the "time rule formula." Your pension benefit. Divide the service credit from date of marriage until date of separation by your total service credit. Multiply by your pension benefit.
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.
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.
If the alternate payee dies, the participant's share is restored (this is called reversion). If the participant dies, nothing further is payable to the alternate payee unless a survivor benefit option was elected.
This award letter is issued annually by the state or government agency detailing the pension benefits earned by an individual.
The person who is assigned the benefits is called the alternate payee and can be a dependent, such as a child or an ex-spouse, as in the case of a divorce. For example, a QDRO might assign 50% of the value of a retirement plan to the alternate payee.
(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.
Ingly, a QDRO allows the plan to pay benefits to the alternate payee. A QDRO must meet certain rules under federal law in order for it to be valid and must be issued by a ?state authority? (usually a court) through a judgment, order or decree, which addresses a property settlement.