Guard Your Clients' Retirement Plans
Dividing retirements plans in divorce can be very complex and highly contentious. It is extremely important to be well-versed concerning the proper handling of these benefits. This course will take a comprehensive look at the different types of plans along with the key elements of an enforceable QDRO. Protect your client's hard-earned retirement savings - order today!
- Discuss how recent tax changes impact QDROs.
- Take a closer look at the fundamentals of defined contribution plans.
- Examine the essential elements of a defined benefit plan.
- Review the important legal requirements of QDROs.
- Learn ways to overcome some of the most common QDRO mistakes.
10:00 am to 5:00 pm Eastern Standard Time
- TCJA and Other Recent Developments Impacting QDROs
10:00 - 10:45, Sheila M. Donovan
- Identifying the Type of Plan - Why it Matters
10:45 - 11:15, Michael C. Miller
- Defined Contribution QDRO Basics
11:30 - 12:30, Michael C. Miller
- 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 Fundamentals
1:00 - 2:00, Michael C. Miller
- Separate Interest vs. Shared Interest
- Payable over the Life of Alternate Payee or Participant
- Commencement of Alternate Payee's Benefit
- Form of Alternate Payee's Benefit
- Death of Participant
- Death of Alternate Payee
- Determination of Marital Portion
- Other Defined Benefit Plan Concerns
- Critical Legal Requirements of QDROs
2:00 - 2:45, Sheila M. Donovan
- 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)
- Top QDRO Mistakes Made by Attorneys - And How to Avoid Them
3:00 - 4:00, C. Page Hamrick III
- 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
- Ethical Considerations
4:00 - 5:00, C. Page Hamrick III
- Dealing with Client's Financial Misconduct
- Avoiding Conflicts of Interest
- Civility Between all Parties
This focused legal course is designed for attorneys. It will also benefit financial planners, accountants, and paralegals.