The Division of Retirement Benefits Through Qualified ...
QDROs
The Division of Retirement Benefits Through Qualified Domestic Relations Orders
U.S. Department of Labor Employee Benefits Security Administration
This publication has been developed by the U.S. Department of Labor, Employee Benefits Security Administration.
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This publication constitutes a small entity compliance guide for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996.
QDROs
The Division of Retirement Benefits Through Qualified Domestic Relations Orders
U.S. Department of Labor Employee Benefits Security Administration 2014
Contents
Introduction....................................................................................................... 1
Chapter 1
3 Qualified Domestic Relations Orders: An Overview................................................................... 5
Question 1-1:
Question 1-2:
Question 1-3:
What is a Qualified Domestic Relations Order?..................... 6
What is a "domestic relations order"?..................................... 7
9 Must a "domestic relations order" be issued by a state court?....................................................................................... 10
Question 1-4:
Question 1-5:
Who can be an "alternate payee"............................................ 11 What information must a domestic relations order contain to qualify as a QDRO under ERISA?........................ 15
Question 1-6:
Question 1-7:
Question 1-8:
Question 1-9:
Question 1-10:
Are there other requirements that a domestic relations
17
order must meet to be a QDRO?............................................
May a QDRO be part of the divorce decree or property 17 settlement?.............................................................................. 19
Must a domestic relations order be issued as part of a 20 divorce proceeding to be a QDRO?........................................
24 Will a domestic relations order fail to be a QDRO solely because of the timing of issuance?......................................... 27
May a QDRO provide for payment to the guardian of an alternate payee?..................................................................
31
35
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