Local County and Municipal Plans Defined Benefit Plan

This type of plan provides a retiree with a monthly payment beginning at retirement for the remainder of the retiree’s lifetime. The benefit that is payable upon retirement is calculated using a formula. Such formula is defined within the context of the plan. A defined benefit plan is the type of plan most commonly thought of when talking about pensions. It is paid monthly for the lifetime of the retiree starting at retirement. Because the benefit to be received is defined or "known" it is considered a defined benefit plan.

Defined Contribution Plan

Under this type of retirement plan the employer, employee or both make contributions into an individual account established on behalf of the employee. Such funds can be invested, and upon retirement, the employee will receive either a lump sum payment of the amount held in the account or such balance will be converted to a monthly annuity payable for the lifetime of the employee. Because the contributions are defined or " known " it is considered to be a defined contribution pension plan.

General Questions to be Answered:

  1. Name, address and phone number of the person requesting the order.
  2. Name of the county in which the divorce is taking place.
  3. Name of the court that has jurisdiction over the divorce.
  4. Name of judicial district/circuit/division, if applicable.
  5. Case reference number.
  6. Name, address, date of birth and Social Security number of the employee (participant/member of the Plan).
  7. Name, address, date of birth and Social Security number of the employee’s spouse (alternate payee/former spouse).
  8. Reason for order (marital property rights or alimony).
  9. Date of marriage.
  10. Date the marriage ended.
  11. Date of divorce, if divorced.
  12. Date the employee began participating in the plan, if prior to the date of marriage.
  13. Is the employee still employed, terminated or retired?

Additional Question to be Answered for Defined Benefit Plans:

    (Explanations are included with these questions)
  1. What is the form of award to the alternate payee (percent or dollar amount)?
  2. Should the alternate payee receive a pro-rata share of any post-retirement cost of living adjustments (if offered by the plan)?

Additional Provisions that will be included in the Defined Benefit Order:

  1. Commencement Date and Duration of Payments to Alternate Payee
  2. Death of Alternate Payee
  3. Death of Participant (Before & After Retirement)
  4. Refund of Contributions
  5. Savings Clause
  6. Merger of Benefits with Another Plan
  7. Constructive Receipt
  8. Actions by Participant
  9. Continued Jurisdiction
  10. Notice of Pending Retirement (if applicable)
  11. Tax Treatment of Distributions Made Under The Order
  12. Remarriage of the Alternate Payee
  13. Certification of Necessary Information
  14. Restraining Order on the Plan: The Plan is hereby restrained from taking any of the following actions concerning the Participant without further order of this court: a.Paying to or on behalf of the Participant any disability benefit, pension benefit, or other type of benefit; b.Accepting or processing any assignment of benefits by the Participant to any other person; c.Permitting the Participant to make or change any beneficiary designation concerning any fund benefit to an individual other than the Alternate Payee; d.Permitting the Participant to elect or change any survivor annuity plan option or other survivorship option to an individual other than the Alternate Payee; e.Accepting or processing an application from the Participant for any refund of employee and/or employer contributions to the Plan, or any interest credited thereon; f.Accepting or processing an application from the Participant for any borrowing against the Plan benefits; and/or g.Permitting the Participant to merge service credits in the Plan with any other fund or agency.
  15. Duration of Restraining Order

Additional Question to be Answered for Defined Contribution Plans:

    (Explanations are included with these questions)
  1. What is the form of award to the alternate payee (percent, dollar amount, percent plus dollar amount, percent less dollar amount, percent after a dollar amount is deducted)?
  2. Should the Alternate Payee receive gains/losses on his/her share of the benefits from the Date of Division to the Date of Segregation?

Additional Provisions that will be included in the Defined Benefit Order:

  1. Commencement Date and Duration of Payments to Alternate Payee
  2. Alternate Payee’s Rights and Privileges
  3. Death of Alternate Payee
  4. Death of Participant
  5. Savings Clause
  6. Certification of Necessary Information
  7. Tax Treatment of Distributions Made Under The Order
  8. Constructive Receipt
  9. Effect of Plan Termination
  10. Continued Jurisdiction
  11. Actions by Participant
  12. Notice of Pending Retirement (if applicable)

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