QDRO: Earliest Retirement Date

[Guest Fourohonekay]

For purposes of determining when the Participant's "earliest retirement date" is, one step in the process is to determine the later of (i) the date on which the Participant reaches age 50, and (ii) the date that is "the earliest date on which the Participant could begin receiving benefits under the plan if the Participant separated from service with the employer"?

Does (ii) mean "separates from service" with the employer today?

I read something recently that says because a participant could terminate employment at anytime and thereby be able to receive distributions under the plan's terms, that the later of the 2 dates will always be the date the participant reaches age 50.

What if the Participant is 56 when the QDRO is entered and the plan is an ESOP that doesn't allow distributions upon separation from service until the valuation date that follows the Participant's second consecutive break-in-service. That Participant's distribution commencement date seems like it would be later than the date that he/she turns age 50.

[WDIK]

A Pension plan may have a provision that benefits will not commence prior to Normal or Early Retirement Age, even if the participant separates from service. If such a provision exists a NRA of age 65 (for example) would be later than age 50.