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QMCSO Question


Guest holmenbt

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Guest holmenbt

Not a QDRO, but seemed like the right message board.

We have an employer that received a QMCSO, but the named participant is the spouse of an employee. Looking at ERISA Section 609(a) and the regs, it does not appear that a QMCSO must specifically name an employee (vs. a non-employee participant) to be valid. However, the National Medical Support Notice provided in the regs appears to contemplate that QMCSO's apply when an employee is named in the order, and that naming the spouse of an employee would not obligate the plan to comply with the order.

Has anyone run across this type of situation? Any citiation to authority on this?

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