ModelSeparationAgreementLanguage：新型分離協(xié)議語言

1、Sample Separation Agreement LanguageFor Dividing Defined Contribution PlansSection: Retirement Benefits of Defendant under the Insertactual (official) plan name.The Defendant is a Participant under the Insert actual (official) plfin nRined (hereinafter referred to as Plan). For the purposes specify

2、spousal support or marital property division, the Plainti 任 is hereby granted a portion of the DefendantJ s retirement benefits under the Plan as designated below The PlaintiffJ s ownership interest in the specified portion of the Defendant? s retirement benefits shall become effective on the Assign

3、ment Date, which shall be the date Insert "this Separation Agreement" or “that the Judgment for Divorceu is filed with the courtNote to attorney: Do not guess the plan name. You must include the exact plan name in this paragraph, even if you must contact the plan administrator to obtain it

4、1 Amount of Plaintiff' s Benefits: Effective as of such Assignment Date, the Plaintiff shall be assigned a portion of the DefendantJ s retirement benefits in an amount equal toPercent(%) of the DefendantJ s Total Account Balance accumulated under thePlan as of the Assignment Date (or the closest

5、 valuation date thereto) Further， such Total Account Balance shall include all amounts maintained under all of the various investment funds, accounts, and/or subaccounts established on behalf of the Defendant. Such Total Account Balance shall also include all amounts (including plan forfeitures, if

6、applicable) contributed to the Plan on behalf of the Defendant after the Assignment Date that are attributable to periods prior to such datePlan Loans Optional: In the event that the Defendant has any outstanding plan loans as of the effective date of this Agreement, such loan balance shall first be

7、 subtracted from the Total Account Balance before calculating thePlaintiffJ s assigned share of the benefitsNote: if the participant took a loan against the plan just before the divorce for the purpose of intentionally reducing the account balance, then you should change this language to indicate th

8、at the alternate payeeJ s share of the benefits is to be calculated uwithout regard to any loans taken by the participant.n 2 Establishment of Separate Accounts and Crediting of Interest andInvestment Earnings or Losses: The PlaintiffJ s portion of the benefits described in Item 1 shall be segregate

9、d and separately maintained in Account(s) established on his or her behalf and shall additionally be credited w辻h any interest and investment income or losses attributable thereon from the Assignment Date, until the date of total distribution to the Plaintiff The Plaintiff' s accounts shall be i

10、rdtiadly established in the same ratio (fund mix percentage) as the Defendant maintains his or her accounts3. Commencement Date and Form of Payment to Plaintiff: The Plaintiff may elect to commence his or her share of the benefits as soon as administratively feasible following the date that the QDRO

11、 is approved by the Plan Administrator, or at the earliest date permitted under the terms of the Plan, if later. Benefits will be payable to the Plaintiff in any form or permissible option otherwise available to Plan Participants and Alternate Payees under the terms of the Plan, including, but not l

12、imited to, a single lump 一 sum cash payment.4. Plaintiff' s Rights and Privileges: On and after the date that the Qualified Domestic Relations Order (QDRO) is deemed qual辻ied, but before the Plaintiff receives his or her total distribution under the Plan, the Plaintiff shall be entitled to all o

13、f the rights and election privileges that are afforded to active Participants and Beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefits purposes and the right to direct Plan investments, only to the extent permitted under the provis

14、ions of the Plan.5. Death of Plaintiff: In the event of the Plaintiff? s death prior to his or her receixdng the full amount of benefits called for under this Agreement and under the benefits option chosen by the Plaintiff, the PlaintiffJ s beneficiary(ies), as designated on the appropriate form pro

15、vided by the Plan Administrator (or in the absence of a valid beneficiary election, his or her estate), shall receive the remainder of any unpaid benefits under the terms of the QDRO6. Death of Defendant: In the event that the Defendant dies prior to the establishment of separate accounts(s) in the

16、name of the Plaint iff, the Plaintiff shall be treated as the surviving spouse of the Defendant for any survivor benefits payable under the Plan to the extent of the full amount of his or her benefits as called for under the terms of this Agreement and the associated QDRO. Should the Defendant prede

17、cease the Plaintiff after the new account(s) have been established on his or her behalf, the DefendantJ s death shall in no way affect the PlaintiffJ s right to the portion of his or her benefits as stipulated herein7. Tax Treatment of Distributions Made to Plaintiff under the Qualified Domestic Rel

18、ations Order: For purposes of Section 402(a)(l)and 72 of the Internal Revenue Code, the Plaintiff shall be treated as the distributee of any distribution or payments macle to him or her under the terms of the QDRO, and, as such, will be required to pay the appropriate federal, state, and local incom

19、e taxes on such distribution8. Inadvertent Payment(s) to Plan Participant: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately return such payments to the

20、 plan administrator. Upon receipt of the repayment, the plan administrator shall issue an amended Form 1099 to the participant so that he is not liable for any income taxes associated with the alternate payee? s assigned share of the benefits9. A QDRO Shall Issue: In order to effectuate the Assignme

21、nt provisions of this Separation Agreement regarding the division of the Defendant? s retirement benefits under the Plan, a QDRO shall be prepared in accordance with the terms of this Agreement and subm辻ted to the Plan Administrator for processing Notwithstanding the previous sentence, in the event

22、the Defendant predeceases the Plaintiff prior to the date that a QDRO is officially approved the Plan Administrator, it is hereby ordered that the terms and provisions of thisJudgment Entry/Agreement shall, in and of itself be deemed a QDRO by such Plan Administrator and processed accordingly10. Con

23、tinued Jurisdiction: The court shall retain jurisdiction to amend the provisions contained herein in order to establish and/or maintain the qualified status of the QDRO under the Employee Retirement Income Security Act of 1974, and to effectuate the original intent of the parties. The court shall also retain jurisdiction to enter such further orders that are just, equitable, and necessary to enforce, secure, and sustain the benef辻s awarded to the Plaintiff in the event that the Defendant and/or the Plan Administrator fail to comply with any or all of the provisions