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February 3, 2025
Question

is my husbands 1099 R a non qualified plan since its his retirement from the military

  • February 3, 2025
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    February 3, 2025

    A military pension is considered a non-qualified plan.

     

    Qualified plans are those covered by ERISA:

     

    "The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

    ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC)."

     

    In general, ERISA does not cover plans established or maintained by governmental entities (like for the military).

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