A Defined Benefit Plan

From an actuarial standpoint the use of mortality tables is preferable to the use of life expectancy tables. At the present time, we default to the GATT Method, which uses current mortality tables for males and females and the interest rate for 30-Year U.S. Treasury Bonds.

GATT (30-year treasury bond rate): This approach is based upon the pension section of the General Agreement of Tariffs and Trade Act of 1994 (GATT). This method utilizes the interest rate for 30-Year U.S. Treasury Bonds and Group Annuity Mortality Tables (Presently " GAM 94" ). Present Value is determined as follows:

-Calculate the amount of the monthly pension benefit assuming the employee was of retirement age and eligible for a fully vested pension based upon compensation and plan provisions as of the Date the Marriage Ended.

-The "GAM 94" mortality tables are utilized to determine present value based upon the 30-Year U.S. Treasury Bond rate as of the Date of Valuation.

-The present value is reduced if the plan is not vested.

-If a portion of the pension was earned outside the marriage, a coverture fraction is applied.

PBGC (PBGC annuity rates): This approach is based upon information promulgated by the Pension Benefit Guaranty Corporation (PBGC), a U.S. Government Agency established by the Employee Retirement Income Security Act of 1974 (ERISA). PBGC administers insurance programs that guarantee the payment of retirement benefits to participants of private pension plans. Present Value is determined as follows:

-Calculate the amount of the monthly pension benefit assuming the employee was of retirement age and eligible for a fully vested pension based upon compensation and plan provisions as of the Date the Marriage Ended.

-The PBGC Mortality Tables (Presently " GAM 94" ) and Interest Rates are utilized to determine the present value of the monthly pension benefit as of the Date of Valuation.

-The present value is reduced if the plan is not vested.

-If a portion of the pension was earned outside the marriage, a coverture fraction is applied.

A Defined Contribution Plan, Cash Balance Plan, Individual Retirement Account Plan, TIAA/CREF Plan, and Money Purchase Plan.

Coverture Method: The account balance as of the Date Marriage Ended is multiplied by a coverture fraction to determine the value of the account for equitable distribution. The calculation requires an account balance as of the date marital property rights terminated (or, as close thereto as possible).

Tracking Report for 401(k), 403(b) or Deferred Compensation Plan

With our Tracking Report we can help get the full credit for pre-marital contributions AND the growth on those contributions during the period of a marriage.

When negotiating a divorce settlement, the pre-marital account balance and all investment experience attributable to those contributions should be considered the plan participant’s sole and separate property. However, it is not always possible for a plan administrator to provide this information.

Read More About Our Tracking Reports and How They Work