Sample Letter – #1
SAMPLE QDRO LETTERS
As the Plan Administrator of a qualified retirement plan, you have administrative responsibilities for the review of a domestic relations order (“Order”) which includes certain written communications. At MassMutual we understand how complex and time consuming this can be. We are pleased to provide the attached sample QDRO letters which may assist you in communicating with affected participant’s, alternate payee’s and/or their respective attorneys. These sample letters should be reviewed by your legal or tax advisor and modified as applicable for your Plan prior to use.
The law requires that you notify the participant and alternate payee upon the receipt of an Order and the outcome of the qualification review. Letters 5, 6 and 7 are required communications. The remaining letters may be used as applicable within the course of your review. A description of each sample letter and their potential use is described below:
• Letter #1 - “Draft” Domestic Relations Order – Under Review
Acknowledges the receipt of the draft Order and that it is under review and a “hold” has been placed on the participant’s account if required by the Plan’s QDRO procedure.
• Letter #2 – “Draft” Domestic Relations Order – Does Not Meet Qualification Requirements
Notifies the applicable parties that the draft Order does not meet the qualification requirements.
• Letter #3 – “Draft” Domestic Relations Order – Meets Qualification Requirements
Notifies the applicable parties that the draft Order meets the qualification requirements.
• Letter #4 – Domestic Relations Order - Inquiry
Upon an inquiry about a potential Order, notifies that a “hold” has been placed on the participant’s account if required by the Plan’s QDRO procedure. Generally, if the inquiry is in regards to the value of the participant’s vested account balance it should be approved by the participant unless the inquiry is from the participant or the Plan receives a subpoena or joiner.
• Letter #5 - Receipt of Domestic Relations Order (required by law)
Acknowledges to the altermate payee and participant the receipt of the Order, that it is under review and a “hold” has been placed on the participant’s account if required by the Plan’s QDRO procedure.
• Letter #6 - Domestic Relations Order – Determined Not To Be Qualified (required by law)
Notifies the alternate payee and participant that the Order does not meet the qualification requirements.
• Letter #7 - Domestic Relations Order – Determined to Be Qualified (required by law)
Notifies the alternate payee and participant that the Order meets the qualification requirements.
• Letter #8 - Domestic Relations Order – No Activity
Notifies the alternate payee that the Order submitted to the Plan was not qualified and that the end of the 18-month qualification period is approaching.
• Letter #9 - Domestic Relations Order – File Closure
Notifies the alternate payee that the Order submitted to the Plan was not qualified, that the 18-month qualification period has ended and the Order’s file is closed.
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|To ensure compliance with requirements imposed by the IRS, we inform you that any information contained in this communication (including any |
|attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue |
|Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. As with all matters of a tax or|
|legal nature, you should consult your own tax or legal counsel for advice. |
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|Sample Letter – #1 |
|“Draft” Domestic Relations Order – Under Review |
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|Note: Remove this box before sending the letter to the inquirer, participant, or alternate payee, if applicable. |
[DATE]
[NAME OF ENTITY]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Draft Domestic Relations Order – Under Review
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Dear [NAME OF ENTITY THAT PROVIDED THE DRAFT DRO]:
This is to acknowledge receipt of a draft domestic relations order (“Order”) with respect to [PARTICIPANT NAME] (“Participant”), [ALTERNATE PAYEE] (“Alternate Payee”), and the Plan. Within [15] business days, a review of the draft Order will be conducted to determine if it meets the qualification requirements as defined in Internal Revenue Code §414(p) and, if applicable, the Employee Retirement Income Security Act (ERISA) §206(d), and whether it is consistent with the Plan and its “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”).
A “hold” has been placed on the Participant’s Plan account in accordance with the Plan’s QDRO Procedure. The hold will prevent any distribution or, if applicable, a plan loan to the Participant until a determination is made, thus preserving the portion of the Participant’s vested account the Alternate Payee may be entitled to. Generally, the hold will remain in place for no longer than 18 months from the date the Plan receives a valid Order. The hold will be lifted upon the earlier of: (1) the date the valid Order is qualified and the Alternate Payee’s assignment is transferred into his/her account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a qualified domestic relations order (“QDRO”), (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period.
The plan administrator will determine the qualification of Order requests in accordance with the Plan’s QDRO Procedure. Upon determination that a valid Order is a QDRO, the Alternate Payee’s QDRO assignment will be transferred from the Participant’s account into an account created for the Alternate Payee. The Alternate Payee may then request payment from the Plan which, upon approval by the Plan Administrator, will be processed.
Enclosed is a copy of the Plan’s QDRO Procedure. These procedures will be followed for the draft Order review. The affected parties will be notified promptly once a determination has been made. In the interim, any correspondence or additional information may be directed to the plan administrator at the following address:
[PLAN ADMINISTRATOR NAME]
[ADDRESS]
[ADDRESS]
[ADDRESS]
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: [Participant - IF SOMEONE OTHER THAN THE PARTICIPANT IS MAKING THE INQUIRY]
[Alternate Payee - IF SOMEONE OTHER THAN THE ALTERNATE PAYEE IS MAKING THE INQUIRY ]
[ATTORNEY(S), IF APPLICABLE]
Enclosure
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|Sample Letter – #2 |
|“Draft” Domestic Relations Order – “Does Not” Meet Qualification Requriements |
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|Note: Remove this box before sending the letter to the inquirer, participant, or alternate payee, if applicable. |
[DATE]
[NAME OF INQUIRER]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Draft Domestic Relations Order – Does Not Meet Qualification Requirements
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Name of Alternate Payee: [ENTER ALTERNATE PAYEE NAME] (“Alternate Payee”)
Dear [NAME OF ENTITY THAT PROVIDED THE DRAFT DRO]:
The Plan received a request from you to review a draft domestic relations order (“Order”) to determine if it meets the qualification requirements as defined in Internal Revenue Code §414(p) and, if applicable, the Employee Retirement Income Security Act (ERISA) §206(d), and whether it is consistent with the Plan and its “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”). The plan administrator has reviewed the draft Order and found that it does not meet the qualification requirements for the following reasons:
[ENTER REASON(S) NOT QUALIFIED]
Once the Plan receives a valid Order, the plan administrator will advise the Participant and Alternate Payee of its receipt and whether that Order meets the requirements for a qualified domestic relations order (“QDRO”). Additionally, the “hold” placed on the Participant’s account will remain in place for no longer than 18 months from the date the Plan receives the valid Order. The hold will be lifted on the Participant’s account upon the earlier of: (1) the date the valid Order is qualified and the Alternate Payee’s assignment is transferred into his/her account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a QDRO, (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period.
Please send any written notifications or valid Order to the following address:
[PLAN ADMINISTRATOR NAME]
[ADDRESS]
[ADDRESS]
[ADDRESS]
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: [Participant - IF SOMEONE OTHER THAN THE PARTICIPANT IS MAKING THE INQUIRY ]
[Alternate Payee - IF SOMEONE OTHER THAN THE ALTERNATE PAYEE IS MAKING THE INQUIRY ]
[ATTORNEY(S), IF APPLICABLE]
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|Sample Letter – #3 |
|“Draft” Domestic Relations Order – Meets Qualification Requirements |
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|Note: Remove this box before sending the letter to the inquirer, participant, or alternate payee, if applicable. |
[DATE]
[NAME OF INQUIRER]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Draft Domestic Relations Order – Meets Qualification Requirements
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Name of Alternate Payee: [ENTER ALTERNATE PAYEE NAME] (“Alternate Payee”)
Dear [NAME OF ENTITY THAT PROVIDED THE DRAFT DRO]:
The Plan received a request from you to review a draft domestic relations order (“Order”) to determine if it meets the qualification requirements as defined in Internal Revenue Code §414(p) and, if applicable, the Employee Retirement Income Security Act (ERISA) §206(d), and whether it is consistent with the Plan and its “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”). The plan administrator has reviewed the draft Order and found that it meets the requirements.
Once the Plan receives a valid Order, the plan administrator will advise the Participant and Alternate Payee of its receipt and whether that Order meets the requirements for a qualified domestic relations order (“QDRO”). Additionally, the “hold” placed on the Participant’s account will remain in place for no longer than 18 months from the date the Plan receives the valid Order. Generally, the hold will be lifted on the Participant’s account upon the earlier of: (1) the date the valid Order is qualified and the Alternate Payee’s assignment is transferred into his/her account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a QDRO, (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period.
Please send any written notifications or valid Order to the following address:
[PLAN ADMINISTRATOR NAME]
[ADDRESS]
[ADDRESS]
[ADDRESS]
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: [Participant - IF SOMEONE OTHER THAN THE PARTICIPANT IS MAKING THE INQUIRY]
[Alternate Payee - IF SOMEONE OTHER THAN THE ALTERNATE PAYEE IS MAKING THE INQUIRY ]
[ATTORNEY(S), IF APPLICABLE]
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|Sample Letter – #4 |
|Domestic Relations Order - Inquiry |
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|If the Participant is the inquirer you do not need to send a copy of the letter to the Alternate Payee. |
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|Note: Remove this box before sending the letter to the inquirer, participant, or alternate payee, if applicable. |
[DATE]
[NAME OF INQUIRER]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Domestic Relations Order - Inquiry
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Dear [NAME OF INQUIRER]:
This is to acknowledge your inquiry regarding a qualified domestic relations order (“QDRO”) with respect to [PARTICIPANT NAME] (“Participant”), [ALTERNATE PAYEE] (“Alternate Payee”) and the Plan. [Add this sentence only if ALTERNATE PAYEE IS requesting participAnt account information: Specific Participant account information cannot be released without a written request from the Participant indicating that the information is needed to pursue a QDRO. Such information will be released with approval of the Participant or if the Plan receives a subpoena or joiner]. [Add this sentence only if PARTICIPANT IS requesting account information OR THE PLAN RECEIVES AN SUbPOENA OR JOINER: We have enclosed your requested account information.]
A “hold” has been placed on the Participant’s Plan account in accordance with the Plan’s “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”). The hold will prevent any distribution or, if applicable, a plan loan to the Participant until a determination is made, thus preserving the portion of the Participant’s vested account the Alternate Payee may be entitled to. Generally, the hold will remain in place for no longer than 18 months from the date the Plan receives a valid domestic relations order (“Order”). The hold will be lifted upon the earlier of: (1) the date the valid Order is qualified and the Alternate Payee’s assignment is transferred into his/her account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a QDRO, (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period.
The plan administrator will determine the qualification of Order requests in accordance with the Plan’s QDRO Procedure. Upon determination that an Order is a QDRO, the Alternate Payee’s QDRO assignment will be transferred from the Participant’s account into an account created for the Alternate Payee. The Alternate Payee may then request payment from the Plan which, upon approval by the plan administrator, will be processed.
Enclosed is a copy of the Plan’s QDRO Procedure that the Participant’s or Alternate Payee’s attorney may use in drafting an Order. Also, the Department of Labor provides sample QDRO language on their website at: .
Once the Plan receives a valid Order, the plan administrator will advise the Participant and Alternate Payee of its receipt, whether the Order meets the requirements for a QDRO, as defined in the Internal Revenue Code §414(p) and, if applicable, ERISA §206(d), and whether it is consistent with the Plan and its QDRO Procedure. Please send any written notification or valid Order to the following address:
[PLAN ADMINISTRATOR NAME]
[ADDRESS]
[ADDRESS]
[ADDRESS]
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: [Participant - IF SOMEONE OTHER THAN THE PARTICIPANT IS MAKING THE INQUIRY ]
[ATTORNEY(S), IF APPLICABLE]
Enclosure(s)
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|Sample Letter – #5 |
|Receipt of Domestic Relations Order |
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|Note: Remove this box before sending the letter to the alternate payee and participant. |
[DATE]
[NAME OF ALTERNATE PAYEE]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Receipt of Domestic Relations Order
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Dear Alternate Payee:
This is to confirm receipt of a domestic relations order (“Order”) approved by the court on [ENTER DRO DATE] and received by the Plan on [ENTER DATE THE PLAN RECEIVED THE DRO]. The Order has been submitted in connection with a claim against [PARTICIPANT NAME]’s (“Participant”) vested account under the Plan.
The plan administrator will determine the qualification of Order requests in accordance with the Plan’s “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”). Upon determination that an Order is a qualified domestic relations order (“QDRO”), your QDRO assignment will be transferred from the participant’s account into an account created for you. You may then request payment from the Plan which, upon approval by the plan administrator, will be processed.
The plan administrator is currently reviewing the Order to determine if it meets the qualification requirements of Internal Revenue Code §414(p) and, if applicable, the Employee Retirement Income Security Act (ERISA) §206(d), and whether it is consistent with the Plan and its QDRO Procedure. The review time for this determination is expected to be approximately [ten (10)] business days.
In the meantime, a “hold” has been placed on the Participant’s account in accordance with the Plan’s QDRO Procedure. The hold will prevent any distribution or, if applicable, a plan loan to the Participant until a determination is made, thus preserving the portion of the Participant’s vested account you may be entitled to. Generally, the hold will remain in place for no longer than 18 months from the date the Plan received the Order. The end of the 18-month period is estimated to be [Enter end of 18-month period]. The hold will be lifted upon the earlier of: (1) the date the Order is qualified and your assignment is transferred into your account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a QDRO, (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period. You and the Participant will be notified when this determination is made. The Participant then must request or restart any suspended withdrawal transactions and, if applicable, participant plan loans affected by the hold placed on their account.
Enclosed is a copy of the Plan’s QDRO Procedure. If you need further assistance in this matter, please contact me at:
[PLAN ADMINISTRATOR NAME]
[ADDRESS]
[ADDRESS]
[ADDRESS]
[PHONE NUMBER]
Sincerely,
[PLAN ADMINISTRATOR]
C: Participant
[ATTORNEY(S), IF APPLICABLE]
Enclosure(s)
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|Sample Letter – #6 |
|Domestic Relations Order – Determined Not To Be Qualified |
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|Note: Remove this box before sending the letter to the alternate payee and participant. |
[DATE]
[NAME OF ALTERNATE PAYEE]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Domestic Relations Order - Determined Not To Be Qualified
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Dear Alternate Payee:
The domestic relations order (“Order”) approved by the court on [ENTER DRO DATE] and received by the Plan on [ENTER RECEIPT DATE] is not considered a qualified domestic relations order (“QDRO”), for the following reasons:
[ENTER REASON(S) NOT QUALIFIED]
The Plan cannot act on the Order until it is amended and determined to be qualified under Internal Revenue Code §414(p), the Employee Retirement Income Security Act (ERISA) §206(d), and whether it is consistent the Plan and its QDRO procedure. Please notify the plan administrator as soon as possible of your intent to amend the Order.
Any resubmission of the Order may or may not constitute a new request for a QDRO determination under the Plan’s QDRO Procedure, depending on specific circumstances and the ultimate qualification decision. If we subsequently determine the amended Order meets the requirements for a QDRO, you and the Participant will be notified in writing that the Plan will carry out the Order’s provisions. Additionally, a draft of the amended Order may be provided to the Plan before it is resubmitted to the court as this could expedite the qualification process.
Please note that the “hold” placed on the Participant’s account will continue to remain in place for no longer than 18 months from the date the Plan received the Order. Generally, the hold will be lifted upon the earlier of: (1) the date the revised valid Order is qualified and your assignment is transferred into your account, (2) the date the plan administrator is notified in writing that the parties no longer intend to pursue a QDRO (3) the Plan receives a court executed order to vacate the Order or indicating the Participant’s account will not be divided, or (4) the end of the 18-month period. You and the Participant will be notified when this determination is made.
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: Participant
[ATTORNEY(S), IF APPLICABLE]
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|Sample Letter – #7 |
|Domestic Relations Order – Determined To Be Qualified |
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|Note: Remove this box before sending the letter to the alternate payee and participant. |
[DATE]
[NAME OF ALTERNATE PAYEE]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Domestic Relations Order - Determined To Be Qualified
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Dear Alternate Payee:
The domestic relations order (“Order”) approved by the court on [ENTER DRO DATE] is considered a qualified domestic relations order (“QDRO”), which assigns to you the right to receive all or a portion of the Participant’s vested account under the Plan.
Your QDRO assignment was transferred from the Participant’s vested account into an account established for you on [ENTER TRANSFER DATE]. Your assignment amount is $[ENTER ASSIGNMENT AMOUNT] [USE IF GAIN/LOSS APPLIES ADD: plus a [SELECT ONE: [gain / loss] of $[ENTER GAIN/LOSS AMOUNT] that accrued on the assignment amount from the valuation date of [ENTER QDRO VALUATION DATE] until the date of transfer for a total of $[ENTER ASSIGNMENT +/- GAIN/LOSS]. Your assignment was transferred on a pro-rata basis based on the Participant’s current contribution sub-accounts and investments (unless the QDRO specified otherwise). Your account is fully vested and you will have the same authority to direct the investments in your account as that of a participant in the Plan.
You may elect to take a distribution from your account at any time and in any form of payment offered by the Plan. However, if the plan offers annuities and you are a former spouse alternate payee, you may not elect a joint and survivor annuity with your subsequent spouse.
• If you elect an immediate distribution, you will need to complete a QDRO Processing Form, Part 2 - QDRO Payment Request. Please contact the plan administrator for this form.
• If you elect to defer distribution until a later date, once your separate account has been established, you will have the same authority to direct the investments in your account as that of a participant in the Plan. To obtain access to your account, please follow the enrollment steps in the enclosed Easy Access to Your Account. document.
When you ultimately decide to take a distribution from your account, please contact the plan administrator for a QDRO Processing Form, Part 2 - QDRO Benefit Payment Request. In the meantime, please keep the plan administrator advised of any address changes in the event that the Plan needs to contact you or provide you with any benefit-related information.
[ADD THIS NOTE IF THE PLAN HAS A CASHOUT PROVISION AND THE ALTERNATE PAYEE’S ACCOUNT BALANCE IS LESS THAN THE PLAN’S CASHOUT LIMIT]
Note: If your account balance is [ENTER PLAN’S CASHOUT LIMIT: $5,000, $1,000, OTHER] or less, you will also receive a notice describing the Plan’s automatic cashout provision. Your account will be automatically distributed without your consent if you do not return the QDRO Processing Form, Part 2 - QDRO Benefit Payment Request form to the plan administrator within the timeframe outlined in the notice.
Since your QDRO assignment has been transferred from the Participant’s account into your account, the “hold” has been lifted on the Participant’s account. The Participant must request or restart any suspended withdrawal transactions and, if applicable, participant plan loans affected by the hold placed on his/her account.
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: Participant
[ATTORNEY(S), IF APPLICABLE]
Enclosure(s)
Easy Access to Your Account
HOW TO ENROLL ONLINE OR OVER THE PHONE.
MassMutual is pleased to offer you two convenient ways to enroll in the plan. Whether you choose to enroll online or over the phone, you can access either service anytime, from virtually everywhere.
BE PREPARED.
To save time, you may want to get organized, before you call or log in. Think about how you would like your contributions invested.
ENROLL ONLINE.
1. Log in to corp and click on Participant and then click on Enroll Now.
2. Follow the online instructions.
• Enter your nine-digit Social Security number as your initial User Name.
• Enter the month, day and year of your birthday in a four-digit format (MMDDYYY) as your initial password.
• Choose a new password. Your new password must be between 8 and 12 characters and contain at least two numbers and two letters.
• Choose a new User Name. Your new User Name must be 8 to 25 characters long with no alpha numeric requirements.
3. Choose your investments.
If you need assistance, please call the Retirement Plan Information Line at 1-800-854-0647.
Participant service representatives are available during regular business hours, any business day.
ENROLL OVER THE PHONE.
1. Call 1-800-854-0647.
2. Follow the voice prompts.
• Enter your nine-digit Social Security number.
• Enter the month, day and year of your birthday in a four-digit format (MMDDYYY) as your initial Personal Identification Number (PIN).
• Choose a new PIN. Your new PIN must be between four and eight numeric characters
3. Choose your investments.
If you need assistance, please press “0.” Participant service representatives are available during regular business hours, any business day.
RECORD YOUR ENROLLMENT CONFIRMATION NUMBER.
After you have entered and reviewed all your information, you will be given an enrollment confirmation number. Please make a record of this number so that you can easily access your account information, should you have any questions
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|Sample Letter – #8 |
|Domestic Relations Order – No Activity |
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|Note: Remove this box before sending the letter to the alternate payee and participant. |
[DATE]
[NAME OF ALTERNATE PAYEE]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Domestic Relations Order – No Activity
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Dear Alternate Payee:
Our files indicate a domestic relations order (“Order”) approved by the court on [ENTER DRO DATE] and received by the Plan on [ENTER DATE THE PLAN RECEIVED THE DRO] that is between you, the Participant and the Plan was not considered a qualified domestic relations order (“QDRO”) and is still pending. You were notified that the Order was not considered a QDRO on [DATE PLAN ADMINISTRATOR SENT THE Domestic Relations Order- Not Qualified LETTER]. Our records indicate that there has been no activity and the end of the 18-month determination period is approaching.
The “hold” on the Participant’s Plan account is still in place. The hold will prevent any distribution or, if applicable, a plan loan to the Participant until a determination is made, thus preserving the portion of the Participant’s vested account you may be entitled to. Unless we receive written documentation within [NUMBER FROM QDRO PROCEDURE - 60] days of the date of this letter that you intend to continue to pursue the Order, the hold will be removed from the Participant’s account, and we will consider the Order determination request file closed.
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: Participant
[ATTORNEY(S), IF APPLICABLE]
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|Sample Letter – #9 |
|Domestic Relations Order – File Closure |
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|Note: Remove this box before sending the letter to the alternate payee and participant. |
[DATE]
[NAME OF ALTERNATE PAYEE]
[ADDRESS]
[ADDRESS]
[ADDRESS]
RE: Domestic Relations Order – File Closure
Plan ID: [ENTER YOUR MASSMUTUAL CONTRACT NUMBER]
Name of Plan: [ENTER PLAN NAME] (“Plan”)
Name of Participant: [ENTER PARTICIPANT NAME] (“Participant”)
Dear Alternate Payee,
This is a follow up to our previous correspondence dated [DATE OF Domestic Relations Order – No Activity LETTER], we have not received any written documentation that you intend to continue to pursue a qualified domestic relations order (QDRO) between you, the Participant and the Plan. As a result, the 18-month determination period has ended closing the Order determination request file.
The “hold” has been lifted on the Participant’s account. The Participant must request or restart any suspended withdrawal transactions and, if applicable, participant plan loans affected by the hold placed on his/her account.
If you wish to pursue this matter, you must notify us in writing and resubmit a valid domestic relations order (“Order’). Upon receipt of your request, we will reopen the file or create a new file. Any resubmission of the Order may or may not constitute a new request for a QDRO determination under the Plan’s “Procedure to Determine the Qualified Status of A Domestic Relations Order” (“QDRO Procedure”), depending on specific circumstances and the ultimate qualification decision. If we subsequently determine the resubmitted Order meets the requirements for a QDRO, the plan administrator will notify you and the Participant in writing that the Plan will carry out the Order’s provisions.
If you need further assistance in this matter, please contact me at [PHONE NUMBER].
Sincerely,
[PLAN ADMINISTRATOR]
C: Participant
[ATTORNEY(S), IF APPLICABLE]
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