ASOP 34 Flashcards

1
Q

What are the 4 purposes of ASOP 34?

A
  1. Provides guidance to actuaries who perform services concerning retirement plan benefits in domestic relations actions; 2. Amplifies ASOPs 4 and 17; 3. Provides information on the actuary’s role and responsibilities; 4. Provide information on factors that may affect the measurement, allocation, or division of retirement plan benefits in domestic relations actions.
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2
Q

What is the scope of ASOP 34?

A

ASOP 34 applies to actuarial services performed in connection with the measurement, allocation, or division of retirement plan benefits in domestic relations actions.

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3
Q

To what benefits does ASOP 34 not apply?

A

ASOP 34 is not applicable to actuarial services performed in connection with other post-employment benefits; such as medical benefits.

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4
Q

If ASOP 4 and ASOP 34 conflict which one controls?

A

To the extent that the guidance in ASOP 34 may conflict with ASOPs of a more general nature, ASOP 34 will govern.

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5
Q

What are Age or Service Dependent Benefits for purposes of ASOP 34?

A

Benefits for which the amount or timing of benefit payments depends on the covered party’s age or length of service.

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6
Q

What is Allocation Date for purposes of ASOP 34?

A

The date through which the benefits earned during the marriage are determined. Generally, this is the last day of the allocation period.

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7
Q

What is an Actuarial Valuation for purposes of ASOP 34?

A

The determination; as of a measurement date; of the actuarial present value of a retirement plan benefit and any related benefits.

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8
Q

What are Age or Service Dependent Benefits for purposes of ASOP 34?

A

Benefits for which the amount or timing of benefit payments depends on the covered party’s age or length of service.

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9
Q

What is Allocation Period for purposes of ASOP 34?

A

The period over which the benefits earned during the marriage are determined. This is typically the period from the date of marriage (or, if later, the hire date or plan entry date) to the date of marital separation.

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10
Q

What is Applicable Law for purposes of ASOP 34?

A

Federal; state; and local statutes; regulations; case law; and other binding authority that may govern the domestic relations action; the retirement plan or plans; or any other aspect of the actuary’s engagement.

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11
Q

What is Allocation Date for purposes of ASOP 34?

A

The date through which the benefits earned during the marriage are determined. Generally; this is the last day of the allocation period.

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12
Q

Who is a Direct User for ASOP 34?

A

A present or prospective client or employer who has the opportunity to select the actuary and is able to communicate directly with the actuary about the actuary’s qualifications; work; or recommendations.

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13
Q

What is Allocation Method for purposes of ASOP 34?

A

A method used to determine the portion of retirement plan benefits that is included in marital property.

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14
Q

What is Allocation of Retirement Plan Benefits for purposes of ASOP 34?

A

The allocation of retirement plan benefits into two or more portions: a portion that is fully considered to be marital property and a portion that is not marital property; and perhaps a portion that is determined to be partially marital property.

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15
Q

What is Allocation Period for purposes of ASOP 34?

A

The period over which the benefits earned during the marriage are determined. This is typically the period from the date of marriage (or; if later; the hire date or plan entry date) to the date of marital separation.

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16
Q

What is a QDRO?

A

A domestic relations order that satisfies the qualification requirements of Internal Revenue Code (IRC) section 414(p).

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17
Q

What is Applicable Law for purposes of ASOP 34?

A

Federal; state; and local statutes; regulations; case law; and other binding authority that may govern the domestic relations action; the retirement plan or plans; or any other aspect of the actuary’s engagement.

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18
Q

What is a Covered Party for ASOP 34?

A

The party in a domestic relations action who is covered by the retirement plan.

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19
Q

For purposes of ASOP 34, who is a Spouse?

A

A party to the domestic relations action who is not the covered party. Normally; the term refers to the current spouse or former spouse of the covered party; but may refer to a child (or children) or other party to the domestic relations action.

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20
Q

What is a Direct User for ASOP 34?

A

A present or prospective client or employer who has the opportunity to select the actuary and is able to communicate directly with the actuary about the actuary?s qualifications; work; or recommendations.

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21
Q

What is a Domestic Relations Action?

A

Prenuptial; postnuptial; separation; divorce; and support agreements; and other domestic relations proceedings.

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22
Q

For purposes of ASOP 34, what is Spouse?

A

A party to the domestic relations action who is not the covered party. Normally; the term refers to the current spouse or former spouse of the covered party; but may refer to a child (or children) or other party to the domestic relations action.

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23
Q

What should the actuary consider when takin on an assignment under ASOP 34?

A
  1. Who is the client? 2. any conflicts of interest 3. Nature/scope of engagement 4. Familiarity with local law
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24
Q

What is a DRO?

A

A court order dividing retirement plan benefits between the covered party and spouse.

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25
Q

Does a conflict of interest exist when the plan’s enrolled actuary represents a former spouse of a plan participant?

A

Not necessarily; but a potential conflict of interest exists when the retirement plan’s enrolled actuary is retained on behalf of the covered party; spouse; judge; or court.

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26
Q

What is a retirement plan for purposes of ASOP 34?

A

An employment-related arrangement for determining the amount and timing of retirement plan benefit payments; eligibility for benefits; etc.

27
Q

What are Marital Assets?

A

Assets of the marital estate as determined under the laws and regulations of the applicable jurisdiction.

28
Q

What is a QDRO?

A

A domestic relations order that satisfies the qualification requirements of Internal Revenue Code (IRC) section 414(p) and section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA).

29
Q

Does ASOP 34 apply to non-qualified retirement plans?

A

Yes

30
Q

What is a retirement plan for purposes of ASOP 34?

A

An employment-related arrangement for determining the amount and timing of retirement plan benefit payments; eligibility for benefits; etc. A retirement plan may be a defined benefit pension plan; a defined contribution plan; or a hybrid plan with both defined benefit and defined contribution elements.

31
Q

Does ASOP 34 apply to dc plans?

A

Yes

32
Q

Does ASOP 34 apply to nonqualified retirement plans?

A

Yes

33
Q

Does ASOP 34 apply to retiree medical benefits?

A

No

34
Q

For purposes of ASOP 34; what is Spouse?

A

A party to the domestic relations action who is not the covered party. Normally; the term refers to the current spouse or former spouse of the covered party; but may refer to a child (or children) or other party to the domestic relations action.

35
Q

What should the actuary consider when taking on an assignment under ASOP 34?

A
  1. Who is the client? 2. Any conflicts of interest 3. Nature/scope of engagement 4. Familiarity with local law
36
Q

Does a conflict of interest exist when an actuary has a relationship with the opposing attorney?

A

Not necessarily, but a potential conflict of interest exists when the actuary has previously performed professional services for or has a personal relationship with the opposing attorney or any other party to the domestic relations action.

37
Q

Who are an actuary*s potential clients under ASOP 34?

A
  1. The covered party or his attorney; 2. The spouse or her attorney; 3. The judge 4. The court overseeing the domestic relations action; or 5. A retirement plan sponsor; administrator; or trustee.
38
Q

Who are an actuary’s potential clients under ASOP 34?

A
  1. The covered party or his attorney; 2. the spouse or her attorney; 3. the judge 4. the court overseeing the domestic relations action; or 5. a retirement plan sponsor; administrator; or trustee.
39
Q

Does a conflict of interest exist when the plan’s EA represents a former spouse?

A

Not necessarily, but a potential conflict of interest exists when the retirement plan’s enrolled actuary is retained on behalf of the covered party; spouse; judge; or court.

40
Q

What should the actuary consider when takin on an assignment under ASOP 34?

A
  1. Who is the client? 2. any conflicts of interest 3. Nature/scope of engagement 4. Familiarity with local law (but actuary should not engage in unauthorized practice of law).
41
Q

Is it a deviation if the actuary performs the calculation according to applicable law and applicable law conflicts with ASOP 34?

A

If a conflict exists between ASOP 34 and applicable law, compliance with applicable law is not considered to be a deviation from this standard.

42
Q

Who are an actuary’s potential clients under ASOP 34?

A
  1. he covered party or his attorney; 2. the spouse or her attorney; 3. the judge 4. the court overseeing the domestic relations action; or 5. a retirement plan sponsor; administrator; or trustee.
43
Q

Does a conflict of interest exist when the plan’s EA represents a former spouse?

A

Not necessarily; but a potential conflict of interest exists when the retirement plan’s enrolled actuary is retained on behalf of the covered party; spouse; judge; or court.

44
Q

Who are an actuary*s potential clients under ASOP 34?

A
  1. he covered party or his attorney; 2. the spouse or her attorney; 3. the judge 4. the court overseeing the domestic relations action; or 5. a retirement plan sponsor; administrator; or trustee.
45
Q

Does a conflict of interest exist when the plan*s EA represents a former spouse?

A

Not necessarily; but a potential conflict of interest exists when the retirement plan’s enrolled actuary is retained on behalf of the covered party; spouse; judge; or court.

46
Q

May an actuary generally advise a non-attorney on the procedural requirements for obtaining an order in a particular jurisdiction?

A

Normally, it would be inappropriate for the actuary to advise a non-attorney whether a draft court order meets applicable procedural requirements to be a valid order in the jurisdiction.

47
Q

May an actuary generally advise on whether the terms of an order are consisten with the terms of the plan?

A

Yes. It would be appropriate for the actuary to advise whether the order is consistent with the terms of the retirement plan and whether each party’s benefit is definitely determinable from the order.

48
Q

Does a conflict of interest exist when an actuary has a relationship with the opposing attorney?

A

Not necessarily; but a potential conflict of interest exists when the actuary has previously performed professional services for or has a personal relationship with the opposing attorney or any other party to the domestic relations action.

49
Q

What are possible engagements under ASOP 34?

A

1.calculating the covered party’s accrued or projected benefit at various dates; 2. selecting an allocation method; 3.selecting actuarial assumptions; 4.performing an actuarial valuation of retirement plan benefits; 5.participating in adversarial proceedings 6. providing information on the division of retirement plan benefits; 7.assisting in drafting a court order; including providing sample documents; or 8. assisting the plan administrator in reviewing or implementing a DRO is a QDRO.

50
Q

May an actuary generally advise a non-attorney on the procedural requirements for obtaining an order in a particular jurisdiction?

A

Normally it would be inappropriate for the actuary to advise a non- attorney whether a draft court order meets applicable procedural requirements to be a valid order in the jurisdiction.

51
Q

When may an actuarial valuation be required with respect to a dc plan?

A

An actuarial valuation may be required for a defined contribution plan if the time or form of benefit payment is restricted or the benefits are not yet fully vested. The goal of performing an actuarial valuation is to provide a reasonable and objective assessment of the value of retirement plan benefits that are marital property.

52
Q

What are the 4 steps to do an actuarial valuation under ASOP 34?

A
  1. identify and collect the information; 2.Select an allocation method; 3. Select non-prescribed actuarial assumptions; and 4. Perform the computations.
53
Q

May an actuary generally advise on whether the terms of an order are consisten with the terms of the plan?

A

It would; however; be appropriate for the actuary to advise whether the order is consistent with the terms of the retirement plan and whether each party’s benefit is definitely determinable from the order.

54
Q

Does the actuary need to be an expert on marital law to take on an engagement regarding valuing retirement benefits?

A

The actuary should have a general familiarity with applicable law that affects the actuary’s work product or opinion.

55
Q

When may an actuarial valuation be required with respect to a dc plan?

A

Defined contribution plans have individual account balances and usually do not require an actuarial valuation. However; an actuarial valuation may be required for a defined contribution plan if the time or form of benefit payment is restricted or the benefits are not yet fully vested.

56
Q

Does the actuary need to be an expert on marital law to take on an engagement regarding valuing retirement benefits?

A

The actuary should have a general familiarity with applicable law that affects the actuary’s work product or opinion. If a conflict exists between this standard and applicable law; compliance with applicable law is not considered to be a deviation from this standard.

57
Q

When may an actuarial valuation be required with respect to a dc plan?

A

Defined contribution plans have individual account balances and usually do not require an actuarial valuation. However; an actuarial valuation may be required for a defined contribution plan if the time or form of benefit payment is restricted or the benefits are not yet fully vested. The goal of performing an actuarial valuation is to provide a reasonable and objective assessment of the value of retirement plan benefits that are marital property. \

58
Q

Is it a deviation if the actuary performs the calculation according to applicable law and applicable law conflicts with ASOP 34?

A

If a conflict exists between ASOP 34 and applicable law, compliance with applicable law is not considered to be a deviation from this standard.

59
Q

Who is responsible for identifying the information necessary for the actuarial valuation under ASOP 34?

A

The actuary

60
Q

What are the steps to do an actuarial valuation under ASOP 34?

A
  1. identify and collect the information required to determine the covered party’s retirement plan benefits; select an allocation method; unless prescribed; select nonprescribed actuarial assumptions; and perform the computations.
61
Q

Who is responsible for identifying the information necessary for the actuarial valuation?

A

The actuary

62
Q

What is the goal on an actuarial valuation under ASOP 34?

A

The goal of performing an actuarial valuation is to provide a reasonable and objective assessment of the value of retirement plan benefits that are marital property.

63
Q

Is it a deviation if the actuary performs the calculation according to applicable law and applicable law conflicts with ASOP 34?

A

If a conflict exists between ASOP 34 and applicable law; compliance with applicable law is not considered to be a deviation from this standard.