RETIREMENT PLAN FOR DRAPER EMPLOYEES is a DEFINED CONTRIBUTION PLAN. Typically, a Company Sponsor (Employer) of this type of plan creates an account for every individual Participant. Regular contributions are then made by the Employer, the Participant, or both. Examples of this plan type are Employee Stock Ownership Plan (ESOP), Profit-Sharing Plans, 401(a), Savings Plans and 401(k).
A division of this type of account must be done by way of a Qualified Domestic Relations Order (QDRO). When dividing a defined contribution plan, the Alternate Payee is typically awarded a portion of the Participant's account balance as of a specific date (the "Valuation Date" or "Assignment Date"). In most cases, the Alternate Payee’s portion must be expressed as either a specific dollar amount, or as a percentage of the account. Most defined contribution plans do not permit an award to be expressed as "marital coverture formula", such as: "50% of the amount accrued from the date of marriage to the date of separation or divorce". With a few exceptions, a QDRO containing a marital coverture formula for division of a defined contribution account will likely be rejected by the appropriate Plan Administrator.
Once a QDRO is approved, the Plan Administrator will establish a separate account for the Alternate Payee. If permitted by the terms of the plan, the Alternate Payee may have the opportunity to utilize investment options that are available for other plan participants. This type of plan generally allows an Alternate Payee to receive an immediate lump sum distribution (or withdrawal) upon approval of a QDRO. Alternatively, the Alternate Payee may choose to transfer the awarded funds to another tax deferred account of their choice - for example, to an IRA (Individual Retirement Account). It is critical that the Alternate Payee consult with a tax professional before making any transfers or withdrawals in order to be fully informed as to any potential tax consequences arising from either the nature or timing of the withdrawal or transfer.
Features of the RETIREMENT PLAN FOR DRAPER EMPLOYEES may include:
- This Plan permits Participants to direct the investment of his or her retirement accounts.
- This is a 403(b)(1) plan for certain employees of public schools and tax-exempt organizations. Participants include teachers, school administrators, professors, government employees, nurses, doctors, and librarians, and investments are in annuity contract(s)
- This is a 403(b)(7) plan for certain employees of public schools and tax-exempt organizations. Participants include teachers, school administrators, professors, government employees, nurses, doctors, and librarians, and investments are in a custodial agreement where the investments are typically in mutual funds
- This is a plan that provides for total or partial participant-directed account(s). In other words, this Plan uses a default investment account for participants who fail to direct assets in their account.
- This is a plan that provides for automatic enrollment for employees and has elective contributions that are deducted from payroll
RETIREMENT PLAN FOR DRAPER EMPLOYEES is a DEFINED BENEFIT PLAN. A defined benefit plan is traditionally referred to as a "pension plan." This type of plan typically provides participants with a monthly retirement benefit upon reaching a specific age for either a specific period of time, or for the Participant’s lifetime, depending upon the form of benefits offered by the plan and selected by the Participant. Benefits paid at the time of retirement are calculated using a formula based upon years of "credited service" and the Participant’s compensation information. Benefits are generally payable to a participant upon reaching "normal retirement age" for the remainder of the Participant's lifetime. Benefits accumulated under defined benefit plans are often referred to as "accrued benefits". It is rare, but some plans may allow for a lump sum payment of benefits instead of a monthly payment. The type of benefits available may vary significantly from plan to plan.
With this type of plan, the Alternate Payee is usually not awarded a lump sum cash payment from the plan. Rather, the Alternate Payee’s award is typically made in terms of a monthly benefit payable for either the lifetime of the Participant (a "shared payment") or the lifetime of the Alternate Payee (a "separate interest"). When dividing a defined benefit plan, it is critical to know the types of benefits available under the terms of the applicable plan. Additionally, the retirement of the Participant prior to the entry of a QDRO will typically limit the Alternate Payee to receiving only a portion of the Participant’s benefits based upon the election made at the Participant’s benefit commencement. This includes beneficiary designations and "surviving spouse" benefits.
Features of the RETIREMENT PLAN FOR DRAPER EMPLOYEES may include:
- This is a “frozen” plan, meaning that as of the last day of the plan year, the plan provides that no participant will get any new benefit accrual (whether because of service or compensation).
DISCLAIMERS
The Plan features and descriptions presented are provided only
as examples and general descriptions a particular type of
plan. Participants and Alternate Payees should ALWAYS review
the applicable Summary Plan Description for a detailed
description of the specific terms and options for the specific
Plan in question.
The information provided on this page is based upon the most
recent Plan tax filings available. The terms of a specific
plan may have changed since the most recently available tax
filing, and as a result, these descriptions and features may
not be current. QDRO.com makes no representations as to
accuracy of these descriptions.
QDRO.com is neither
the administrator, nor a representative of this Plan. QDRO.com
provides this information merely as a courtesy and makes no
warranties as to the current status or accuracy of these
descriptions.
