QDRO QDRO Tax Implications & Benefits Planning 2 — Questions and Answers
Question 1: In community property states, the marital portion of a pension earned during the marriage is generally treated as:
- Jointly owned community property subject to equal division (Correct answer)
- Separate property of the employee spouse
- A gift from the employer to the couple
- Pre-marital property exempt from division
Correct answer: Jointly owned community property subject to equal division
In the nine community property states, pension benefits accrued during the marriage are community property, which means each spouse owns an undivided one-half interest in the marital portion.
Question 2: A QDRO specialist needs to calculate the present value of a defined benefit pension to assist with an offset settlement. Which factor is NOT typically required for this calculation?
- The participant's current credit card debt (Correct answer)
- The participant's age and life expectancy
- The applicable discount (interest) rate
- The projected monthly benefit amount at retirement
Correct answer: The participant's current credit card debt
Present value calculations require actuarial factors like age, life expectancy, discount rate, and projected benefit amount — personal debts are irrelevant to pension valuation.
Question 3: The 'present value offset' method of pension division in divorce involves:
- One spouse keeping the entire pension while the other receives marital assets of equivalent present value (Correct answer)
- Dividing the pension into two separate annuity streams
- Deferring any pension division until the participant retires
- Calculating the pension's future value and splitting it at retirement
Correct answer: One spouse keeping the entire pension while the other receives marital assets of equivalent present value
The present value offset method avoids splitting the pension by awarding it entirely to one spouse while the other spouse receives other marital assets (e.g., home equity) of equal actuarial present value.
Question 4: When a QDRO specialist evaluates whether to recommend the offset versus the deferred distribution method for a pension, a key disadvantage of the offset method is:
- Actuarial present value calculations are uncertain and the non-employee spouse bears all investment and mortality risk (Correct answer)
- The non-employee spouse must wait until the participant retires to receive any assets
- The employee spouse must immediately liquidate other assets
- The IRS does not recognize present-value offsets for tax purposes
Correct answer: Actuarial present value calculations are uncertain and the non-employee spouse bears all investment and mortality risk
The offset method requires an upfront actuarial valuation that may prove inaccurate, and the non-employee spouse who receives other assets bears the risk that those assets underperform relative to the pension's actual value.
Question 5: Under IRC Section 414(p), a QDRO cannot require the plan to provide an alternate payee with a type or form of benefit that is not otherwise provided under the plan. This means the QDRO:
- Cannot create new benefit options not already available in the plan document (Correct answer)
- Can require the plan to add a lump-sum option if one doesn't exist
- Can mandate that the plan increase the total benefit pool for the alternate payee
- Can override plan terms to provide better investment options for the alternate payee
Correct answer: Cannot create new benefit options not already available in the plan document
A QDRO must work within the plan's existing benefit structure and cannot compel the plan to offer forms of payment or benefit features that the plan does not already provide.
Question 6: When a QDRO is used to divide a participant's 401(k) account that includes both pre-tax traditional contributions and after-tax Roth contributions, the QDRO should:
- Specify how each source (pre-tax and Roth) is to be allocated to the alternate payee to preserve the proper tax basis (Correct answer)
- Ignore the distinction and treat all funds as pre-tax
- Require the participant to convert all funds to Roth before division
- Allocate only the pre-tax portion to the alternate payee
Correct answer: Specify how each source (pre-tax and Roth) is to be allocated to the alternate payee to preserve the proper tax basis
Because Roth and pre-tax funds have different tax characteristics, the QDRO must clearly identify the allocation from each source so the alternate payee maintains the correct tax basis in each pool.
QDRO QDRO Tax Implications & Benefits Planning 2
In community property states, the marital portion of a pension earned during the marriage is generally treated as: