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Guest Llama
Posted

What, if anything, is the duty of the administrators of a Money Purchase Pension Fund with respect to locating any outstanding child support orders prior to paying out a member's pension funds?

Does the Fund have to look beyond a spousal election form (ie: a divorce decree) in order to determine an ex-spouse's rights to the member's pension?

If there is no QDRO served on the Fund, is the Fund required to look for/into other divorce/child support related documents?

Posted

Never look for trouble.

If the PA has reason to believe there is (or may soon be) a QDRO, then caution is advised. See several previous discussion threads on the QDRO message board.

http://www.benefitslink.com/boards/index.p...php?act=SF&f=89

But to look for a court order when none is suspected seems a bit “overboard”. The plan administrator is not usually under a burden to notify itself.

As always, the PA should seek its own legal counsel.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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