The Ultimate Guide to QDROs
Are you confident you can successfully execute a bulletproof QDRO for your client? Seemingly small errors or omissions in QDROs can have dire consequences resulting in financial losses and costly and time-consuming litigation. This insightful course will guide you through the essential elements you need to know about QDROs - register today!
- Explore critical procedures and key terms in handling a QDRO.
- Learn from a plan administrator what questions you should be asking to get essential information.
- Understand the fundamental differences between defined contribution and defined benefit QDRO plans.
- Discuss the pros and cons of offsetting pensions.
- Learn some of the top mistakes attorneys have made in QDROs and how to avoid them.
This is a rebroadcast of the original webcast delivered by Elizabeth Bonanno, Jennifer I. Holt, and Diana L. Powell on July 25, 2016. Faculty will be available to answer your questions after the program.
All times are shown in Eastern time
- Recent Developments, Current Trends and Case Law Affecting QDROs
10:00 - 10:15, Elizabeth Bonanno
- The Essential Legal Requirements of QDROs
10:15 - 11:00, Jennifer I. Holt
- ERISA Plans vs. Non-ERISA Plans - Properly Identifying the Plan and Their Restrictions
- IRC §414(p) and ERISA §206(d) - Qualification Requirements You Need to Know
- Anti-Assignment and Alienation Provisions
- Understand How Retirement Benefits are Divided (Statutory and Case Law)
- Handling a QDRO: Procedures, Language, Valuation and Tax Considerations
11:15 - 12:15, Diana L. Powell
- Procedures, Deadlines and Checklists for QDROs
- Required and Essential Provisions of a QDRO
- Malpractice Pitfalls to Using the Model QDRO
- Reviewing and Valuing Retirement Benefits - Which Benefit to Consider and When to Value it
- Pre-Retirement and Post-Retirement Survivor Annuity
- Tax and Other Financial Considerations
- Strategies for Uncovering Important (and Seemingly Small) QDRO Details
- Insights from the Plan Administrator: What Attorneys Need to Know
12:15 - 1:00, Diana L. Powell
- Understanding the Role of the Plan Administrator
- Do's and Don'ts for Working with the Plan Administrator
- Avoiding Silent Provisions in QDRO Interpretation
- Questions to Ask to Get the Information You Need
- Knowing the Plan You are Dividing: Defined Contribution and Defined Benefit QDROs
1:30 - 2:30, Jennifer I. Holt
- Defined Contribution QDRO Issues
- Immediate Lump Sum Distribution
- Adjustment of the Award for Market Value Gains/Losses
- Valuation Dates
- Administrative Fees
- Outstanding Loans
- Pre-Tax Assets
- Marital Portion
- Exemption of 10% Federal Early Withdrawal Penalty
- Defined Benefit QDRO Issues
- Separate Interest vs. Shared
- Determination of Marital Portion
- Other Defined Benefit Plan Concerns
- Dividing Military and Other Non-Qualified Plans
2:30 - 3:15, Elizabeth Bonanno
- Military Pension Division and Survivor Annuity
- Other Federal, State and Local Government Plans
- TIAA-CREF, IRA, Roth IRA, etc.
- Pros and Cons of Offsetting Pensions
- Social Security Offsets
- Effectively Using QDROs for the Collection of Support and Support Arrearages
3:30 - 4:00, Jennifer I. Holt
- Top QDRO Mistakes Made by Attorneys - And How to Avoid Them
4:00 - 5:00, Diana L. Powell
- Initiating a Hold on Benefit Accounts
- Language Pitfalls in Separation Agreements and Judgment Entries
- How Will Remarriage Affect Benefits?
- Surviving Spouse's Impact on the Division of Benefits - Exploring Available Options
- Tackling Risky Equalization Instructions
- Uncovering and Addressing Loan Balances
- Which Plans and How Many are Considered Marital Property?
- Addressing Tax Implications
- Implementation of the QDRO
This course is designed for attorneys. Accountants and paralegals may also benefit from attending.