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Troyan Blog

Civil Union - Divorce - QDRO

Can a QDRO be used to divide the retirement assets in a Same Gender Civil Union Dissolution Action? Generally, a QDRO is appropriate only when an Action (i.e. Complaint for Divorce) for Divorce is ...
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Federal Employee: Does a Former Spouse lose his/her survivor benefits as a result of divorce?

A properly prepared Court Order Acceptable for Processing ("COAP") must be filed with Office of Personnel Management("OPM") within a very specific period of time. Strict rules ...
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Interest Rates for Pension Valuations?

For ERISA Plans consider the Monthly Segment Rates Published by the Internal Revenue Service ("IRS").
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Is the cost of a QDRO tax deductible?

The cost of drafting a QDRO and submitting it to the plan administrator for approval/qualification may be considered tax deductible. Note: Each indivudal's personal situation is different, please ...
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Can a QDRO be entered AFTER Retirement?

One of our most common questions... May a Qualified Domestic Relations Order be entered (signed by a Judge and Qualified by the Plan) after the Participant Retires? Absolutely, Yes. Some limitations ...
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Florida Unauthorized Practice of Law - QDRO

The Florida Bar which is a mandatory association in Florida for all attorneys has opined (see Advisory Opinion MEAC 2007-005) that, "The Florida Bar considers the preparation of a QDRO to be ...
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Immediate Ca$h To The Alternate Payee From A QDRO

Can an Alternate Payee ("AP") receive an immediate cash distribution from a Defined Contribution Pension? Generally, an immediate Cash distribution can be made to an AP. However, a mandatory ...
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Adding a Joint and Survivor Annuity subsequent to death?

This answer is more complex than my reply at Blog #11. However, if a proper procedure is followed, Troyan believes it is possible in most jurisdictions to obtain a posthumous Joint and Survivor ...
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What is the possibility of a "posthumous" Domestic Relations Order?

The answer depends of the specifics of each matter. Clearly, there are circumstances that permit a “posthumous” Order. The fact that the employee or retiree has died should not in itself ...
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Can legal fees be paid from the Thrift Saving Plan?

Yes, legal fees incurred incident to a divorce can be paid in full from the participant’s TSP. This is also true for military participant’s in the TSP
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Is it Safe to follow O.P.M. Divorce Guidelines?

Not always. Recall, O.P.M. does not review draft Court Orders Acceptable for Processing (COAP). If an attorney fails for any valid reason to properly interpret the complex provisions relating to a ...
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Attorney Fees can be paid from Federal Plans.

This view is correct for all Federal Employees Retirement System employees and many Civil Service Retirement System Employees. The source of the direct payment to an attorney for legal fees resulting ...
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What is the difference between Property Settlement Agreement and a Judgment of Divorce?

A Judgment of Divorce creates the Alternate Payee's right to Pension and Survivor Benefits A Qualified Domestic Relations Order is the instrument to enforce the rights of an Alternate Payee that ...
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Naming Subsequent Surviving Spouse in Military Survivor Benefit Plan.

Military Survivor Benefit Plan. A common concern of a divorcing member is her or his ability to name a future spouse as a Survivor Beneficiary. Is it possible under the Military Survivor Benefit Plan ...
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Are Civil Service Retirement System death benefits the same as Federal Employees Retirement System death benefits?

Answer: No. There is a significant difference. CSRS is limited to a maximum Survivor Benefit of 55% of the decedent's basic pay at the time of death. The FERS benefit is considerably greater. ...
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Is there a standard format for a "Disability Retirement" Pension Evaluation?

No. Unfortunately there is an absence of uniformity among states as to what constitutes the "exempt" and not exempt portions of a participant's monthly accrued benefit at the time of ...
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Why is it important to enter a QDRO prior to Divorce?

If a QDRO is to be entered against a Participant's Defined Benefit Pension Plan; and an award of survivor benefits or a separate interest is to be awarded the failure to have a QDRO in place prior ...
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Is a QDRO required to transfer an IRA?

Many of our clients are interested to learn if a QDRO is required to divide an Individual Retirement Account. You should look to IRS Code 408(d)(6). Troyan can prepare the functional equivalent of a ...
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What is the Correct Interest Rate For Pension Evaluations?

Generally, the interest rate used for a Pension Evaluation is the prevailing 30 U.S. Treasury Constant Maturity Bond.
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Welcome to our Blog

We are pleased to announce the launch of our Qualified Domestic Relations Orders and Pension Evaluation Blog. You can subscribe to our RSS feed by clicking here.
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