JM

I would talk to a pension attorney as I see two issues here. First, it would be possible to amend the prior QDRO to clarify gains/losses through date of distribution are to be included. The other option is to challenge the plan on their ability to recoup a payment in error. There are cases out there on this issue and the IRS Employee Plans Compliance Resolution System or EPCRS, says recovery is not always required. Check out Pensionrights.org and talk to an attorney on how best to proceed.

I agree with Patricia...best to contact an attorney regarding your divorce. Many times the divorce is finalized and the QDRO is supposed to get finalized but never does. Sounds like the prior spouse had their QDRO in place and is receiving their awarded share...so if you did not waive your interest in the pension you can still get the QDRO done to receive your awarded interest. Only wrinkle is if he is retired you're probably no longer able to get a benefit over your own lifetime.

You can pull their 5500 and get a lot of info that way but you'll need to know the exact plan name. Attached is the 5500 for the FCA US LLC Pension Plan and confirms participant just needs 10 years of service credit to be eligible to retire at 55 or later (with reduction for early commencement). As a person who prepares QDROs for a living I can assure you that third party plan administrators make mistakes all the time and should be able to correct once explained. 5500.pdf

Plan has 18 months from the time they get notice of a QDRO to determine if any court order submitted rises to the level of a QDRO (or not). They "impound" a portion of the partipant's monthly benefit during this 18 month process pending receipt of an acceptable QDRO. If none is received then they must release the withheld funds to the participant. Or, if the QDRO is received but fails to instruct the plan to pay the impounded funds to the alternate payee, they will pay all withheld amounts to the participant and the QDRO division for alternate payee applies prospectively only. It is possible to tally up what you are still owed from your ex in past payments and roll that into the future division. If he has other funds to use to pay you then that is easiest, but if not you can increase your percentage of the future monthly pension (requires an actuarial valuation) by amended the existing QDRO. We do this all the time for attorneys in CA.

I agree with Effen in that the early years are suppose to have the same value as the later years and this is how CA views community property in a defined benefit plan such as this. Since your final salary applies to all years of service, CA requires the final accrued benefit be multiplied by the "time-rule". (A rising tide lifts all boats). An amended QDRO could be allowed by the court, but as an expert in CA in the valuation and division of retirement plans, I would say the QDRO was done correctly.