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- The problem with political jokes is they get elected. ~Henry Cate, VII - We hang the petty thieves and appoint the great ones to public office. ~Aesop - If we got one-tenth of what was promised to us in these State of the Union speeches, there wouldn't be any inducement to go to heaven. ~Will Rogers - Those who are too smart to engage in politics are punished by being governed by those who are dumber. ~Plato - Politicians are the same all over. They promise to build a bridge even where there is no river. ~Nikita Khrushchev - When I was a boy I was told that anybody could become President; I'm beginning to believe it. ~Clarence Darrow - Why pay money to have your family tree traced; go into politics and your opponents will do it for you. ~Author Unknown - Politicians are people who, when they see light at the end of the tunnel, go out and buy some more tunnel. ~John Quinton - Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer - - I offer my opponents a bargain: if they will stop telling lies about us, I will stop telling the truth about them. ~Adlai Stevenson, campaign speech, 1952 - A politician is a fellow who will lay down your life for his country. ~ Tex Guinan - Any American who is prepared to run for president should automatically, by definition, be disqualified from ever doing so. ~Gore Vidal - I have come to the conclusion that politics is too serious a matter to be left to the politicians. ~Charles de Gaulle - Instead of giving a politician the keys to the city, it might be better to change the locks. ~Doug Larson - Don't vote; it only encourages them. ~Author Unknown - There ought to be one day -- just one -- when there is open season on senators. ~Will Rogers

On what are you basing this? Until I saw the post from PAiPal with the language from PPA, I would have agreed with you, based on the current IRS filing instructions, but it appears those instructions have not been properly updated.

Can't agree more there. I wish more plan documents were written by attorneys that had TPA experience or talked to TPAs and a few HR people.

What's legal and what's possible are two different things. When I went "in house" it didn't take me long to reverse my opinions on what can/should be done from when I practiced law.

The key here is to note the QDRO did NOT order to pay the benefits BEFORE the person became vested. It says once the person becomes vested THEN the Alt Payee has a right to those benefits. So the Alt Payee has to wait years to find out if she will be paid a benefit or not. So the DRO is qualified. See Larry Star's quoted material for additional information and examples.

MoJo: Denying the order because you have a problem administering a legal order will subject you/the plan to violation of ERISA. Mike Preston is absolutely correct (I draft and administer many QDROs as well as do court testimony in these cases). The fact that no one has challenged your process doesn't mean you are right and will make no difference to someone who knows their rights. Just hope neither Mike nor I are ever the QDRO experts on the other side! :-) Here is some info for you that is on point:

Tom, I wish you had not done that. Now Robert has to put a contract out on you! We will miss you, my friend!