Читать книгу Rightfully Yours - Gary A. Shulman - Страница 49

The Employee Retirement Income Security Act of 1974 (ERISA) entitles plan participants and beneficiaries to receive the following information regarding their plan benefits. Remember, once your QDRO is drafted, you, as alternate payee, have the same rights as a plan beneficiary to receive information from the plan. You are entitled to do the following:

(a) Review plan documents. All plan participants and beneficiaries can examine, without charge and during regular working hours, all plan documents, including plan contracts and copies of all documents filed with the us Department of Labor, such as detailed annual reports and plan descriptions.

(b) Obtain a copy of plan documents. All plan participants and beneficiaries can obtain a copy of all plan documents and other plan information by writing to the plan administrator’s office. The administrator may make a reasonable charge for copies (usually not more than 25 cents per page).

(c) Receive a copy of the plan’s annual financial report. The plan administrator is required by law to provide all plan participants with a copy of the summary annual report.

(d) Receive an accrued benefit statement. Upon written request, a plan administrator must furnish participants or plan beneficiaries with a statement regarding their rights to receive a benefit under the plan, and the amount of such benefits. The administrator must provide this accrued benefit calculation free of charge but is not required to recalculate it more frequently than once per year.

(e) Receive a summary plan description. One of the major obligations of a plan administrator is to furnish plan summaries (called summary plan descriptions, or spds) to all plan participants and beneficiaries. The purpose of the spd is to provide a description of the key features of the plan in an easy-to-understand manner. It might be a good idea to request an spd once your QDRO is approved. The spd contains some information that may be of interest to you, such as early commencement reduction factors if you decide to start your benefits before your ex-husband’s normal retirement age. It also includes all of the payment options from which you may elect to receive your benefits.