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Defined Benefit - Traditional Plan
The traditional plan provides a retiree with a monthly payment beginning at retirement for the remainder of the retiree’s lifetime. The benefit payable upon retirement is calculated using a formula. Such formula is defined within the context of the plan. A defined benefit plan is the type of plan most commonly thought of when describing pensions. It is paid monthly for the lifetime of the retiree upon retirement. Because the benefit to be received is defined or "known", it is considered a defined benefit plan. Start QDRO

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General Questions to be Answered:

  1. Name, address and phone number of the person requesting the order.
  2. Name of the county in which the divorce is taking place.
  3. Name of the court that has jurisdiction over the divorce.
  4. Name of judicial district/circuit/division, if applicable.
  5. Case reference number.
  6. Name, address, date of birth and Social Security number of the employee (participant/member of the plan).
  7. Name, address, date of birth and Social Security number of the employee’s spouse (alternate payee/former spouse).
  8. Reason for order (marital property rights or alimony).
  9. Date of marriage.
  10. Date the marriage ended.
  11. Date of divorce, if divorced.
  12. Date the employee began participating in the plan, if prior to the date of marriage.
  13. Is the employee still employed, terminated or retired?
  14. The exact name of the pension plan.

Additional Questions to be Answered:

    (Explanations are included with these questions)
  1. What is the form of award to the alternate payee (percent or dollar amount)?
  2. Should the alternate payee receive a pro-rata share of any post-retirement cost of living adjustments (if offered by the plan)?
  3. Should the alternate payee be treated as the surviving spouse of theparticipant if the participant dies prior to retirement?
  4. If the alternate payee dies prior to commencement of benefits, what happens to his/her share?
  5. Should the alternate payee receive a pro-rata share of any early retirement supplements, interim supplements or temporary benefits that become payable to the participant which are not considered by the Plan Administrator to be a part of the participant’s accrued benefit?
  6. Should the alternate payee receive a pro-rata share of any early retirement subsidies?
  7. Should the alternate payee be treated as the surviving spouse of the participant, to the extent of the marital property component, in the event the participant dies prior to reaching retirement?
  8. Should the alternate payee receive a postretirement survivor annuity if the participant predeceases the alternate payee after the date of their benefit commencement?
  9. Should the alternate payee receive a separate or shared interest in the participant’s benefits?
  10. Should the participant be required to maintain preretirement survivor annuity coverage?

Additional Provisions that will be included in the Order:

  1. Commencement Date and Form of Payment to Alternate Payee
  2. Death of Alternate Payee
  3. Death of Participant
  4. Savings Clause
  5. Certification of Necessary Information
  6. Continued Qualified Status of Order
  7. Tax Treatment of Distributions Made Under The Order
  8. Constructive Receipt
  9. Effect of Plan Termination
  10. Continued Jurisdiction
  11. Actions by Participant
  12. Notice of Pending Retirement (if applicable)
  13. IRC Section 415 Limitations
  14. Overpayments

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