Public retirement system governed by state law and not ERISA. It is a defined benefit plan.
Married many years, participant and ex-wife divorce, divorce decree states ex-wife gets half. QDRO never filed with the plan. Participant retires and names a beneficary other than ex-wife. Benefit option selected pays retiree a monthly retirement for life. Upon his death, beneficary receives a monthly benefit for life that is one/half of his monthly benefit. Ex-wife is now wanting for file a late QDRO.
Will the participant be legally required to split the benefit with the ex-wife or did she wait too long to file the QDRO?
