This was in response to BPS re: Divorce calculations. I must have hit the wrong button to post the reply.

Use what the document says to use. You might throw on a "GATT" provision (making the document individually designed, if its not already) if it saves your client money.

I had one case where the plan was underfunded. In the divorce negotiation, my client said "Take out my employees' lump-sums and we'll divide what's left in two". This was accepted by opposing council.


[This message has been edited by Chip Brown (edited 10-07-98).]

Do I understand this correctly? Using the "Gatt" provision will let you legally reduce the lump sum values of your employees pensions and leave an excess that you can use any way you want??