Description
Understanding the Division of Military Retired Pay & Specialty Orders in Divorce
Introduction to Military Retired Pay
Simple Rules
– 10/10 Rule
– 1 Year Rule
– 90 Day Rule
– Maximum 50% Rule
– VA Waiver
– SBP Rules
– 20-Year Cliff Vesting
– VSI
– SSB
Historical Perspective
Full-Time Active vs. Reservist/National Guard Retired Pay
Basic Retired Pay Calculations for Military Divorce
A Good Year
Ready Reserve
Computing the Accrued Monthly Retired Pay
1. Reservist/National Guard
2. Full-Time Active Members
3. Full-Time Active w/Reservist Years
Dividing Military Retired Pay
Introduction
Discovery
Relevant Background Information/Requirements
SBP & Former Spouse’s Rights
Disability Pay & VA Waiver
Combat Related Special Compensation (CRSC)
Additional Benefits for a Former Spouse
Specifics on Dividing Retired Pay as Marital Property
Crafting the Military Order
Additional Provisions to be Included in the Order
Valuing & Dividing Railroad Retirement
Valuing Railroad Benefits
Dividing Railroad Benefits
Tier I Benefits
Division of Tier II Benefits
Dividing Pension Plans Exempt from QDROs
Basic Understanding of Non-Qualified Pension Plans
Allocating the Former Spouse’s Share
A Better Approach
Crafting the QDRO (Like) Order
Dividing Non-Qualified Defined Contribution Plans
Code Section 457 deferred Compensation Plans
Suggested Language for 457 Deferred Compensation Plans
Deferred Compensation Plans Not Subject to QDROs
Takeaways
Dividing IRAs in Divorce
Introduction to Dividing IRAs in Divorce
IRA QDRO References to I.R.C. 408
Division of Land Trust
State Retirement Systems
Types of Benefits & Benefit Options
Separation Benefits or Refund of Contributions
CALPERS
New York State & Local Retirement System
Florida Retirement System
Wisconsin Retirement System
Ohio Public Employees retirement System
Illinois TRS/SRS/SURS – QUILDRO
Takeaways
Suggested Settlement Agreement Language
Missteps & Miscues and How to Avoid Them
Consulting on the Preparation of Settlement Agreements
References/Issues with Traditional Defined Benefit Plans
Common Municipal Pension References
Expert Testimony
Expert Witness Testimony Based on Experience
Expert Witness Testimony Based on Education
Examples of Specific Questions
Issues Related to COLAs
Questions/Issues Related to Defined Contribution Plans
Questions/Issues Surrounding Federal Retirement Plans
Question Surrounding the Division of Military Retired Pay
Summary
The first end of module test fee for each module is included in the module fee. Subsequent retakes of the end of module exam is charged separately. The Final Certification Exam Fee, and any subsequent retake certification exams, is an additional charge. Modules and exams are subject to a 5.75% sales tax in addition to the fee itself.If the candidate does not pass the first end of module exam with a score of 70% or better, the Module Exam will have to be retaken with a Retake Fee of $20
To be become a Certified QDRO Specialist the candidate must pass the final exam with a score of 70% or better. The cost to take the final exam is less expensive if the final exam is taken online. If your company or industry requires the exam to be proctored AACQP utilizes the services of SMT/ISO Quality Testing, Inc. (IQT) with locations around the U.S. CQS Online Final Certification Exam (non-proctored) $242, Proctored Final Certification Exam $290. Retake fee for online exam is $75 and for Proctored retake exam fee is $140. Certification is not granted based on the purchase of only the final exam.
Annual Membership to AACQP: To join the American Association of Certified QDRO Professionals, it is not necessary to have completed the certification process. Members that have completed the course pay a lower annual fee ($125) than affiliated members ($225), however, both are entitled to the same benefits, which includes updates/newsletters, resources, and periodic consultation on specific issues.
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