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Colorado QDRO Preparation by an Attorney
Tax-Free Division of Retirement Plans
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Retirement Plan Valuation for QDRO Purposes

 
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Summary:  Defined contribution plans such as 401(k) and 403(b) are valued using recent account statements. This is usually very easy. However, a defined benefit plan is more complicated and an estimate based on life expectancy is used.

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Valuation of Defined Contribution Plans such as 401(k) and 403(b).

The valuation of a defined contribution plan is simply the balance shown on a recent account statement.

The value of these plans is the amount of the vested account balances. This includes the amount contributed by the employee and the amount contributed by the employer. Easy to do, as long as all of it is vested.

However, the division is not necessarily limited to the vested balance portion.

This applies to the typical 401(k), 403(b), and 457 plans.

Valuation of Defined Benefit Plans such as Pension Plans Which Provide an Annuity Benefit.

The valuation of a defined benefit plan which provides a monthly annuity payment for the remaining lifetime of the recipient or some other life is usually done by calculating the present value of the payment over the remaining lifetime of a measuring life.

This can be very complicated, especially where there are other factors, such as a survivor's annuity. Also, any such calculation is just an estimate, in part because of the variance of future interest rates.

Because of the complications, a good initial estimate is to look at the amount of the contributions. An employer should always provide this number.

Don't spend thousands of dollars arguing over the present value of a defined benefit plan.  Negotiate a number and stick with it.

NOTE that defined benefit pension plan values are declining as employers are cutting benefits.

   
     
GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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