Module 5 - Retirement Plan Division and Tax Flashcards
What is the Deferred Division or Future Share Method?
One of three methods used to divide pension benefits; no present value is determined
Define a Defined Benefit Plan
Type of employer-sponsored pension plan that promises to pay a certain amount per month at retirement; no cash value today
What does Double-Dipping refer to?
When one spouse is paid twice from the same asset
What is the Employee Retirement Income Security Act of 1974 (ERISA)?
A federal law that sets minimum standards for pension plans in private industry; does not require employers to establish plans
What does ERISA require from pension plans?
- Regular information provision to participants about plan features and funding
- Minimum standards for participation, vesting, benefit accrual, and funding
- Accountability of plan fiduciaries
- Right for participants to sue for benefits and breaches of fiduciary duty
What is the role of the Pension Benefit Guaranty Corporation (PBGC)?
A federal corporation that announces monthly interest rates for calculating present value of pension plans; based on average annuity rates
What is a Qualified Domestic Relations Order (QDRO)?
A court ruling earmarking a portion of retirement or pension fund payments to an ex-spouse as part of marital asset division
What is Reserved Jurisdiction in pension benefit division?
One of three methods to divide pension benefits; court retains authority to order future distributions
What did the Retirement Equity Act of 1984 (REA) amend?
Amended ERISA to introduce mandatory spousal rights in pension plans
What is Section 72 of the IRS Code?
Allows alternate payee to receive money from a qualified plan without a 10% tax penalty, subject to ordinary income tax
What does vesting mean in the context of retirement accounts?
Ownership; fully vested means 100% ownership of the account balance
What does it mean if an employee is partially vested?
Entitled to a specified percentage of the employer’s contributions; employee contributions are always 100% vested
What is the General Agreement on Tariffs and Trade (GATT) Rate?
Interest rate based on a 30-year Treasury bond interest rate, used as a benchmark for lump-sum distributions from defined benefit plans