Calavera
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I think you missed the point of my email. I understand the difference between a shared and a separate interest allocation of benefits in a defined benefits plan. But I have never in 32 years of preparing QDROs waited until the Participant retired before submitting a QDRO to the Plan.
In my world the QDRO is signed at the time of, or immediately following, the divorce. The question was whether a Plan can decline to accept a QDRO that contains a time-rule formula for ascertaining the amount of the Alternate Payee's benefit and can limit the options to a hard dollar figure or hard percentage.
The consequences of delay can result in a loss of the Alternate Payee's survivor annuity benefits. A post mortem QDRO per the PPA of 2006 will not restore survivor benefits to the intended Alternate Payee if the Participant has remarried and retired, with the result that the Participant's new wife is irrevocably vested in the Participant's survivor annuity benefits.
And the lawyer advising such conduct will likely be sanction by the Grievance Commission. If the Participant dies the lawyer will face damages that will be enormous.
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When you mentioned a time-rule, I thought you are talking about the time of actual calculation of the benefit, that obviously cannot be done until a participant retires. I see now that the issue is about timing of submission. Attorney is so wrong on this one. I agree that QDRO can and should be submitted as soon as administratively feasible.
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