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Found 2 results

  1. I am so glad I finally found this forum! Let me start with my case background. I have a QDRO from a divorce dating back from 1992. I am the AP. I am from Tennessee. I had forgotten about it until recently discovering the certified letter in my files from X10 in Oak Ridge confirming that I had the QDRO in place. I immediately contacted them as it was incorrect in last name and address and so I updated it. Several months went by and they sent me some plan materials but nothing of real value. I contacted them again recently and asked for better information and they got back to me and stated I did not have a QDRO so I sent them a copy of their certified letter to me. Last week I got a letter in the mail that stated that pursuant to 414(p) of the IRS code, I was eligible to commence my portion of the pension beneft due my ex husband. And it was payable for my lifetime. They then asked for proof of age, some tax withholding and direct deposit paperwork. so they could get me on the monthly payroll cycle ASAP. But then I had some questions for them. I asked if I die, does my benefit continue to a beneficiary? No they said. And if he dies, does it continue to me? Yes they said. But then the lady I am in contact with said that they had just located the QDRO documentation and they are checking with their Administrative Committee on past payments and how to proceed with that. She will keep me posted on further developments but wanted to get me into pay status as soon as possible since it may take a while to determine the past payments. So, my questions are, will I somehow be getting past payments of monthly benefits that I should have gotten as a result of the company losing the QDRO and not attaching it to my ex's benefit before it was distributed? And where will that money come from if it is determined that I am entitled to it? He, I am sure is retired as he is on disability and has been for quite some time. I am unsure of his date of when he left the company as we do not communicate at all (really bad divorce). I did ask the lady I am in contact with in Benefits for the date of when I was eligible to start my benefits but she did not answer that question in my last email. Also, should I get a copy of my QDRO with all this going on? I can't seem to find a copy in my paperwork. I would appreciate any advice in this matter.
  2. I have a scenario that I need help with. My parents divorced back in 1996 and as a part of the Divorce Decree there was a Consent Order stating that my father in these exact terms quoted: "shall pay the legal fees for and cause to be drafted as part of the decree a QDRO directing the Federal Office of Personnel Management to pay to the wife, son the husbands retirement, one half of the marital portion of the Husbands net annuity and, further, in the event of the Husband's death, to pay to the Wife a survivor's annuity based on the marital portion of the Husband's annuity." It then goes on to give a formula for how the "marital portion" is to be calculated. In 2003 my mother died unexpectedly and I settled her estate. I never knew that there was a divorce decree until last month when I had to search for the file because my father tried to claim her retirement benefits from her previous employer and I had to send it in to show that they were divorced and at that time after receiving the divorce decree info I ended up also finding out that he also waived any right he had to her retirement benefits in the same divorce decree. After seeing this divorce decree and the Consent Order within it I have a few questions that I am hoping that someone here can give me some direction on: 1) How can I find out if a QDRO was ever completed? 2) Under these circumstances, would I, as my mothers only child and heir, inherit the benefits from the QDRO? 3) Based on the Wording in the Decree it was my fathers responsibility to get the QDRO completed and paid for. If he never did can it still be required of him to be done post my mothers death by her estate and how would I go about doing this? Other possible pertinent information: My father is a federal government employee He has not retired yet but may be doing so within the next few months The divorce and everything pertaining to it was done in Washington DC My mother died in North Carolina and my father is a Maryland Resident. If you have any additional questions that could be helpful to giving some direction please let me know. Any Direction that can be given here would be of great help. Thank you in advance.
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