My Name is Ms. Gloria White. I reside in Houston. Texas and Retired
I was in Pay status, receiving monthly distributions from my separate property annuity, when my spouse filed for divorce. The divorce was finalized.
I 1/2 year later, he filed a Dro as an Alternate payee on my Retirement Plan. It was approved but he manipulated the language in the final divorce decree, omitted the valuation date of our marriage and had the Dro signed by a substitute judge. With the Plans' qualifying approval , he started receiving 1/2 of my monthly distribution. It was a Defined Benefit of 50% joint and Survivorship. I did name him as the death beneficiary after my demise. Not as an Alternate payee! I was never served and did not sign the QDRO.
Can the Plan or Plan Administrator be sued for mismanaging the Qdro or does ERISA precludes them from being sued?
Please answer ASAP today
Ms. Gloria White
