Luke Bailey

Will someone PLEASE help me: I need an attorney to protect my portion of my awarded retirement benefits, by enforcing my amended QDRO against an ERISA governed retirement plan (401(k) Defined Contribution Plan) Attorney submitted the plan's “word for word sample QDRO” as my actual initial QDRO, then resigned.

Not only did the initial QDRO not provide the “Special Statutory Rights” created for the A.P. by ERISA.The initial QDRO does not assure proper distribution of property of the judgment. Instead of properly executing the distribution of our marital property, the QDRO deviated from the judgment. The provision of the initial QDRO(sample) was designed to, eventually revertmy portion of the marital property (benefits) back to my ex. The language in the initial QDRO is inconsistent with the term of the Judgement, ERISA and is completely unconscionable.

 Therefore, I submitted a “separate interest approach” amended QDRO, For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights to the Alternate Payee, as a result of the Decree of Divorce between the Participant and the Alternate Payee. The parties were married on September 23, 1989 and divorce issued orally in opened Court, by the Judge, on December 15, 2016. Plan manager approved amended QDRO by directing it to the Courts for Judges’ signature. Judge signed June 30, 2017, certified, file-endorsed (mailed to plan same day)

 Once plan sponsors received the certified, amended QDRO, (now legal document) the plan sponsors became “what appears as”dishonest. The plan administrator informed me (have recorded phone conversation) that the plan was a party in my divorce (6 months after divorce was final) The plan manager sent me documents regarding the plan being a party joined in my divorce (also after) Per ERISA, a plan cannot be a party in a “State Domestic Preceding” The plan sent me a “Possibly” fake plan document (I already had the correct plan doc. but the plan did not know this) The document provided false information.

Finally, the plan’s atty. emailed me, stating; The plan cannot follow the order if it orders the plan to pay benefits not otherwise provided. “This would be inconsistent with the plan document”

The amended QDRO does not request a particular form of payment of benefit (nor any type) But the plan’s early retirement age is 55 years old. My ex-husband is 57 years old. Per ERISA 404(a)(1)(D) **COMPLIANCE WITH PLAN DOCUMENT: requires and allows a fiduciary to follow the provisions of the plan, BUT ONLY IF THE PROVISIONS OF THE PLAN IS CONSISTANT WITH ERISA. If the action called for by the plan provision is inconsistent with ERISA, the fiduciary is obligated to ignore the plan provision.

 It’s difficult to find an attorney who knows about QDRO’s and who feel comfortable going to court. I need my own portion of awarded benefits. My ex is living off of his portion of marital property

 The money from the retirement benefits is “ALL” I was awarded after; being evicted from our family home, ex filing for divorce, (shortly thereafter) 27 years of marriage and my son and I need a home. We have been displaced since August 27, 2015. I’ve did all I know to obtain honest help, but was met with deceit “every time” If I don’t obtain help with this issue, I will obtain nothing from my ex-husband’s plan benefits. Because the initial order which the plan approved and is complying with, is defective/ a non-qualified qdro.

 Very important; the initial QDRO is defective/a non-qualified QDRO (The initial order does not meet all of the requirementsof a QDRO as defined by ERISA) Yet, the plan is choosing to comply with the non-qualified QDRO (Violating ERISA 514(b)(7) which prohibits a plan from complying with a non-qualified order (and, is a cause to invoke sanction and plan disqualification and is breach of plan fiduciary duty, along with other serious consequences) JUDGEMENT WAS ALREADY MADE: PURPOSE OF QDRO IS NOT TO CHANGE JUDGMENT