2. BASIC ELEMENTS OF AN ORDER
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E. EARNINGS
1. The Order should indicate whether the Alternate Payee’s award will be subject to earnings (dividends, interest, gains
and losses) from the Valuation Date to the date of account segregation.
2. In the event that the Order is silent regarding this issue, the Alternate Payee will not be subject to earnings on his/her
award from the Valuation Date to the date of account segregation.
3. If the Order states that the Alternate Payee’s award is subject to earnings, earnings on the Alternate Payee’s award will
be calculated (based upon the investments held in the Participant’s account) from the Valuation Date to the date of
account segregation in accordance with the Plan’s procedures for calculating earnings, and the Alternate Payee’s
award will be adjusted accordingly.
4. In all cases, after approval of the Order and segregation of the award from the Participant’s account into a separate
account established for the Alternate Payee, the Alternate Payee’s awarded amount will be subject to earnings (based
upon the investments within the Alternate Payee’s account) from the date of account segregation to the date of
distribution.
5. Any Order which is unclear as to the treatment of earnings on the Alternate Payee’s award will be disapproved.
SAMPLE LANGUAGE: To address the issue of earnings, one of the following sentences may be added to the Order:
The Alternate Payee’s award IS subject to earnings (dividends, interest, gains and losses) from the Valuation Date
to the date that the award is segregated from the Participant’s account.
The Alternate Payee’s award IS NOT subject to earnings (dividends, interest, gains and losses) from the Valuation
Date to the date that the award is segregated from the Participant’s account.
F. PARTICIPANT LOANS
1. The Order should indicate whether the value of any outstanding loans on the Valuation Date is to be included in
determining the Alternate Payee’s award.
2. In the event that the Order is silent regarding this issue, the value of the Participant loan balance(s) outstanding as of
the Valuation Date specified in the Order will not be included in the Participant’s Plan account balance for purposes of
calculating the account balance to be divided.
Example: Participant’s total vested account balance on Valuation Date: $100,000*
Participant’s outstanding loan balance on Valuation Date: $ 10,000*
Alternate Payee’s award, if defined in Order as 50% of the
Participant’s vested account balance with no mention of loans: $ 50,000
Alternate Payee’s award, if defined in Order as 50% of the
Participant’s vested account balance including loans: $ 55,000
*Fidelity Participant account statements report outstanding loan balances as a separate line item from the total vested
account balance, which is the vested liquid balance in the Plan. A participant’s total interest in the Plan is the sum of
the total vested account balance and the outstanding loan balance shown on the statement.
3. The Alternate Payee’s award will be transferred from the non-loan assets of the Participant’s Plan account.
4. If, as a result of an outstanding loan balance(s), the Participant’s liquid balance (non-loan assets) is not sufficient to
cover the required transaction to transfer the award to the Alternate Payee, the Order will be disapproved.
5. Any Order which is unclear as to the treatment of loans in determining the Alternate Payee’s award will be disapproved.
6. There will be no transfer of the Participant’s loan liability to the Alternate Payee. Any remaining loan balance(s), at
the time of segregation of the award, will remain with the Participant. Any Order which attempts to assign loan
liability to the Alternate Payee will be disapproved.
SAMPLE LANGUAGE: To address the issue of loans, one of the following sentences may be added to the Order:
In the event there is an outstanding loan balance as of the Valuation Date, the outstanding loan balance WILL be
included for purposes of calculating the account balance to be divided.
In the event there is an outstanding loan balance as of the Valuation Date, the outstanding loan balance will NOT
be included for purposes of calculating the account balance to be divided.