Rhode Island Sample Letter to Pension Plan Administrator regarding Division of Plan Proceeds per Court Order
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How to fill out Sample Letter To Pension Plan Administrator Regarding Division Of Plan Proceeds Per Court Order?
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FAQ
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.
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.
Once the QDRO has been approved in draft form, both parties sign it, and it is presented to the Court for signature by a Judge. Obtain a certified copy of the QDRO. Once the judge signs the QDRO, the alternate payee should obtain several certified copies of the QDRO.
As noted above, in order to divide the plan, a QDRO/DRO must be prepared, signed by the Judicial Officer in your case and served on the Pension/Retirement plan. Usually this happens at the time of trial or the final Judgment, but it can be completed later.
Receiving funds from a QDRO can take between two to five weeks after everything has been processed and approved. There are situations where it may take longer, but those are rare.
Depending on your state's laws, marital assets are usually divided equally between spouses in a divorce. Therefore, pension funds that qualify as marital property are usually split evenly between divorcing spouses. The exception to this rule would be if you have a valid prenuptial agreement in place.
In order to gain access to a percentage of your pension, your spouse would have to specifically ask for their share at the time of the divorce ? not at the time of your retirement. This is done via a court order called a qualified domestic relations order (QDRO).
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.
