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Accrued
Benefit -
The benefit the participant has earned under the plan.
Actuarially
Equivalent - Having
the same value as of a given date using the same assumptions.
Alternate
Payee - A participant's spouse, former spouse, child,
or other dependent who, under a Qualified Domestic Relations Order,
has a right to receive all, or a portion of, the participant's
pension benefits under a plan.
Annuity
-
A form of benefit in which payments are made at regular intervals
for a specified period of time. The most common form of annuity
pays monthly benefits for life.
Beneficiary
- The
person named to receive benefits upon the death of a participant
or alternate payee.
Contingent
Alternate Payee - An
Alternate payee whose benefit is contingent upon the death of
another alternate payee or some other event.
Cost
of Living Adjustment (COLA) - Under
most Defined Benefit Plans, the Plan will from time to time after
the parties begin to receive benefits, increase the monthly benefit
to adjust for inflation. Under California law the Former Spouse
is entitled to their pro rata share of these Cost of Living Adjustments
unless they are specifically waived by the Former Spouse.
Date
of Dissolution - This
is the date that the dissolution becomes final.
Date
of Division of Account - For
Defined Contribution Plans Only. For purposes of a QDRO this is
usually the date of separation unless another agreement has been
reached between the parties. Normally, the Former Spouse would
then be entitled to participate in gains and losses on the amount
determined at Date of Division until actual distribution to the
Former Spouse.
Date
of Hire - This
is the date that the Participant began working for the employer.
This date may be before date of marriage of the parties.
Date
of Separation - This is the date that is used in the
dissolution as the legal date of separation.
Defined
Benefit Plan -
A Defined Benefit Plan is one that provides a specific pre-determinable
amount of benefits to a participant at that individual's projected
date of retirement. Normally, the benefits are based upon a formula
that incorporates the participant's projected years of service
and final average compensation. This type of plan is what most
people consider a "traditional" pension plan. It is
more often found in large companies than small companies.
Defined
Contribution Plan - A Defined Contribution plan is
one that provides for contributions directly to individual accounts
established and maintained for each plan participant. The contributions
may consist of either employee or employer contributions, or both.
The participant is generally entitled to receive the account balance
(together with any interest accrued thereon, as well as investment
gains and/or losses) when the employee retires or otherwise terminates
employment with the company. There are several types of defined
contribution plans, including profit sharing plans, thrift plans,
401(k) plans, retirement savings plans, stock bonus plans, and
employee stock ownership plans (ESOPs).
Domestic
Relations Order - Any
judgment, decree, or order (including approval of a property settlement
agreement) that (1) provides child support, alimony payments,
or marital property rights to a spouse, former spouse, child,
or other dependent of a participant, and (2) is made pursuant
to a state domestic relations law.
Earliest
Retirement Age -
For purposes of the QDRO rules, earliest retirement age is the
earlier of (1) the date the participant is entitled to a payment
of benefits under the plan, or (2) the later of (a) the date the
participant reaches age 50 or (b) the earliest date the participant
could begin to receive benefits if he or she no longer worked
for the company.
Early
Retirement Subsidies - Employers
offer Early Retirement Subsidies or other Retirement Enhancements.
Under California law the Former Spouse is entitled to these Enhancements
unless they are specifically waived by the Former Spouse.
Fixed
Dollar Amount - You may have an agreement between the
Participant and the Former Spouse as to a fixed dollar amount
of the benefit that should go to the Former Spouse.
Fixed
Percentage - You may have an agreement between the
Participant the Former Spouse as to a fixed percentage of the
benefit that should go to the Former Spouse.
Guaranteed
Benefits - The
amount of pension benefits insured by the Pension Benefit Guarantee
Corporation (PBGC)
Government
Employer -
This would apply to any governmental employer with the exception
of the Military.
Gross
Annuity -
Under the Federal Plans this is the amount of monthly annuity
payable after reducing the self-only annuity to provide survivor
annuity benefits but before any other deductions. It also includes
lump sum payments, if any, made to the retiree under section 8343a
or 8420a of Title 5, United States Code, unless the court provides
otherwise.
Joinder
-
During the dissolution proceedings it is possible that the retirement
plan was "joined" as a party in the dissolution. This
is done to provide the retirement plan with notice tht there is
a potential claim against the retirement funds by the Alternate
Payee. If the Plan was joined there will be a filing with the
court that is date stamped by the Court.
Joint
and Survivor Annuity -
An annuity that pays benefits over the recipient's lifetime and
over the lifetime of the person named as beneficiary.
Life
Expectancy - The
number of years a person is expected to live, on average, after
a given age.
Lump
Sum - A form of benefit payment in which the entire
benefit is paid at one time.
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