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Documents for Divorce Proceedings

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Regulation Assists Spouses in Obtaining Plan Documents

A final regulation issued by the Department of Labor will provide help to those going through divorce who are having difficulty getting plan documents from their spouse’s pension plan. If a request is made in writing by a participant or beneficiary and the plan administrator has failed or refused to furnish the requested documents, then the Secretary of Labor can request the documents from the plan administrator on behalf of the participant or beneficiary. The new rule expands the definition of a beneficiary to include a “prospective alternate payee” which includes spouses, former spouses, children or other dependants.

The following are the plan documents the participants and beneficiaries are entitled to under the law.

  • Summary Plan Description
  • Latest annual report
  • Any terminal report
  • Bargaining agreement
  • Trust agreement
  • Contract
  • OR, any other instrument/ writing under which the plan is established or operated


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