QDRO Procedures

[Guest obd]

How much time, if any, must a participant or prospective alternate payee be given to appeal an adminstrator's decision regarding a QDRO?

I have not found anything in the Code, ERISA, or applicable regulations which require "appeals procedures" or "claims procedures" to be included in QDRO Procedures. However, most of the QDRO Procedures that I have reviewed contain an "apeal of decision section" which resembles benefit claims procedures.

Question 2-5 in the DOL booklet "The Division of Pensions Through QDRO" states that it is the view of the DOL that QDRO Procedures should include "[a] description of the process provided under the plan for obtaining review of the administrator's determination as to whether an order is a QDRO." However the booklet does not indicate how much time must be allowed to obtan a review of the administrators determination.

[QDROphile]

I am not aware of a good answer to your question.

I specify in the QDRO procedures that the plan's claims procedures apply. In my last contact with the DOL, the representative said that the DOL does not think that the ERISA claims procedures regulations apply to QDROs (for example, the plan administrator's decision is not entitled to any deference). However, I think a court may look to the reguations at least by analogy. Courts like to have claims resolved outside of court if possible, so would look favorably on an administrative procedure even if the claims procedures under the regulations do not control QDRO qualification calims.

Some recent cases have stated that an alternate payee has a reasonable time to cure a failure to qualify, but no bright line guidance is given. There are ways to cure disqualification other than getting the plan administrator to change its mind. The court decisions were not directed at administrative claims procedures.