Legal Dynamics, Inc. 424 E. Central Blvd, #405 • Orlando, FL 32801 • Toll Free 800-565-8067
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Sample QDRO's


ADDITIONAL RECOMMENDED QDRO PROVISIONS
FOR DEFINED CONTRIBUTION 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 benefits (vested and non-vested)?
3 Does the award credit both funded and unfunded benefits (including contributions made later - usually by tax return deadline, but creditable earlier)?
4 Does the awarded percentage apply to the account balance with participant loans added back into asset values / with participant loans excluded from assets?
5 Does the award include earnings (gains and losses)?
6 Is a segregated account requested?
7 Are investment direction rights requested?
8 Is there a provision to adjust the award to the vested benefit only if the alternate payee takes benefits before the participant is fully vested?
9 Are instructions included regarding liquidating or transferring assets ‘in-kind?’
10 Are there instructions regarding the allocation of assets (example: pro-rata portions of each investment account)?
11 Are benefits credited under a predecessor and/or successor plan covered by the order?
12 Are provisions included permitting distribution (or transfer of benefits) to the alternate payee as of the earliest date?
13 Have the provisions specified that the alternate payee shall retain the right to elect the form of benefit distribution?
14 If the alternate payee dies, do benefits become payable to the alternate payee’s beneficiary or estate?
15 If the participant dies, do benefits become payable to the alternate payee as the properly designated beneficiary?
16 Has the alternate payee been designated to retain the title of “current spouse” to prevent unauthorized participant loans before the award is distributed or transferred?
17 Are provisions included for transferring ‘tax basis’ and ‘deductibility’ to the alternate payee for the appropriate share of “after-tax” contributions?
18 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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