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Valuation of Defined Contribution Plans
The value of a Defined Contribution Plan on any date is the sum of the market values of all investments in the plan on that date. The services of a pension appraiser normally would not be required to determine the value of this type of plan, unless the pension holder was participating in the plan prior to getting married or opposing council needs confirmation of the value. In most cases, the administrator of the plan can advise the employee as to the market value of his/her share of the investments in the plan on any specified date.
TYPICAL SCENARIO: On April 1, 2000 Mr. and Mrs. Jones ended their marriage. Mr. Jones started participating and had been enrolled in a Defined Contribution Plan a few years after they were married. The benefit he was entitled to receive had vested but not matured. On June 1, 2000, the plan administrator informed Mr. Jones that the value of his plan on April 1, 2000 was $40,000. For equitable distribution purposes, the present value of Mr. Jones' plan on April 1, 2000 was $40,000. In this case the services of a pension appraiser would not be required unless a confirmation of the value is required by the court.
However, if the pension holder was participating in a defined contribution plan prior to getting married the process may not be as straight forward. If the state which has jurisdiction over the case is a Dual Property Model state, then it may be necessary to hire a pension appraiser to determine the portion of the plan which is subject to equitable distribution. The pension appraiser may employ one or all of the following methods.
Segregation Method
The account balance on the Date of Marriage, plus all interest and investment growth attributable to these monies is subtracted from the account balance on the Date the Marriage Ended. The difference is the value of the account for equitable distribution. This approach assumes that any growth in separate property during the marriage is considered separate property. Most Dual Property Model states view this growth as separate property. However, this is not true for all Dual Property Model states, and should be researched before using this method.
If the Immediate Offset Method is chosen for division of this asset, this method can be used to track the growth on the marital portion of the plan from the date the marriage ended to the date of distribution.
Subtraction Method
The account balance as of the Date of Marriage is subtracted from the account balance as of the Date the Marriage Ended. The difference in the account balances is the value of the account for equitable distribution. This approach assumes that any growth in separate property during the marriage is considered marital property. Only a few Dual Property Model states view this growth as marital property.
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. Because proration by contributions is always more accurate than proration by time, it is an error to use a coverture fraction to determine the marital interest in a defined contribution plan. However, if the information is not available to track the growth of contributions and interest by the Segregation Method this method should be utilized.
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