Pension Valuation: QDROs, QILDROs, QMSCOs, COAPs, and RBCOs

• Here along with the FreeERISA website you can determine the official ERISA name of the plans so they can be stated accurately in a QDRO. Additionally, you can determine the official ERISA name of the plans so they can be stated accurately in a QDRO. Every company that sponsors defined benefit or contribution plan must make annual filings with the DOL. But note that even though a company offers a plan to its employees this does not mean that the employee is participating in the plan.

This booklet is an important booklet to read for any divorce lawyer because it lays out Questions and Answers, etc., that are important in drafting appropriate QDROs.

• This provides useful information about what documents are maintained by the DOL. Documents maintained include the Annual Report Form 5500.
• Many lawyers do not know that they can submit a freedom of information request and all electronic copies of the data contained on all Forms 5500 and schedules will be provided for a fee.

As a general rule summary plan descriptions (SPDs) and Summary of Material Modifications (SMM) are not available through the DOL. But the DOL can request a copy from the administrator who in turn will turn it over to the participant or beneficiary.

• Current PBGC Rates.
  These rates are used by many valuators in determining the present value of defined benefit plans.
• Current Interest Rates These rates are published once monthly. Please see the “Note” regarding the Pension Protection Act of 2006 as well as their link to the PBGC’s Final Rule implementing these changes.

• Life Tables – National Vital Statistics – Generally The life tables are used by many professionals in determining the present value of pension benefits – because the life tables are updated regularly and they are from a government source.
• RP-2014 Mortality Tables: (PDF) These are the tables generally used by actuaries while the life tables are generally used by economists. The most recent older table generally in use was the RP 2000. See discussion in Family Law Software for their estimates. Keep in mind that there is little difference in the table use for women but there is a significant difference for men.
• PBGC’s ERISA Section 4044/4050 Mortality Tables

• Review the Code of Federal Regulations Section 838 regarding Court Orders Affecting Retirement Benefits.

• Click here: https://qoc.rk.tsp.gov/qoc/b/QdroNew010CretOrdr.htm.
• The TSP Legal Processing Unit no longer processes RBCOs for TSPs. Accenture Federal Services now processes these orders and charges a review fee of $600 per order.

• This guide is important reading for any lawyer addressing the division of a railroad retirement annuity because there are special laws and regulations on how to divide these benefits.

• QILDRO Booklet – “Information for TRS Members in Divorce Proceedings” PDF
• General QILDRO Forms
• QILDRO Consent Form TRS
• TRS QILDRO – Form
• Notice of Confidential Information (Optional)

• State Employee’s Retirement System – SERS
• QILDRO Information Generally