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Sample QDRO's


ADDITIONAL RECOMMENDED QDRO PROVISIONS
FOR DEFINED BENEFIT TYPE PLANS

1 Does the order contain the proper case style, date of marriage, dates of birth, social security numbers, jurisdiction statement, IRC and ERISA sections and language which establishes a QDRO?
2 Does the awarded percentage apply to the total accrued benefits (vested and non-vested)?
3 Is the award based on an appropriate coverture fraction whereby the numerator is the duration of the marriage and the denominator is the participant’s total credited service as of the date benefits become payable (often years later at retirement)?
4 Is the calculation date for the percentage award set as of the date benefits become payable to ensure benefits aren’t frozen as of the date of divorce without earnings for several years?
5 Is there an actuarial adjustment provision to recalculate benefits using the life expectancy of the alternate payee?
6 Is there an actuarial adjustment provision to recalculate benefits in accordance with the form of benefit distribution elected by the alternate payee?
7 Does the award include cost of living adjustments, subsidies, supplements, interim supplements, and/or temporary benefits?
8 If the participant is disabled (or becomes disabled), does the alternate payee receive a portion of the disability benefits?
9 Is there an early commencement adjustment provision?
10 Are benefits credited under a predecessor and/or successor plan covered by the order?
11 Are provisions included permitting distribution or transfer of benefits to the alternate payee as of the earliest date?
12 Have the provisions specified that the alternate payee shall retain the right to elect a form of benefit distribution?
13 If the alternate payee dies, do amounts revert to the participant / become payable to beneficiary(s) or estate / become payable to contingent alternate payees (minor children)?
14 Is the alternate payee designated as the participant’s current and surviving spouse for the maximum potential death protection?
15 If the participant dies, do benefits revert and become payable as a 50% survivor annuity / a 100% survivor annuity?
16 Do the alternate payee’s benefits become protected by the pension benefit guarantee corporation in the event of plan termination?
17 Were constructive receipt provisions and other liability transfer clauses removed?


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STATUTORY QDRO REQUIREMENTS:


ADDITIONAL RECOMMENDED QDRO PROVISIONS
FOR DEFINED CONTRIBUTION TYPE PLANS


ADDITIONAL RECOMMENDED QDRO PROVISIONS
FOR DEFINED BENEFIT TYPE PLANS


ADDITIONAL RECOMMENDED PROVISIONS
TO INCLUDE IN THE ORDER FOR ENTRY OF QDRO

 

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