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Alternate Payee Dies Before DRO Corrected


Guest texastax

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Guest texastax

A situation has resulted where the an alternate payee was in the process of correcting a previously-submitted DRO, but died during the process--prior to submitting a DRO that was qualified as a QDRO. The prior DRO allowed for payments to go to the beneficiaries of the alternate payee in the event of alternate payee's death. Could any subsequent DROs be considered as possibly constituting a QDRO? Does any DRO have to reference the fact that the alternate payee died? Also, the plan does not reference whether an alternate payee could designate a beneficiary. Any thoughts would be appreciated.

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You have an initial question under state law. You have to get a DRO before you can think about qualification or its effects on the plan, and the death of the alternate payee may preclude any futher state court action under domestic relations law. After that, it depends on the circumstances, the proposed change, the plan terms, the QDRO procedures which federal circuit court has jurisdiction. You are not going to get a very well-formed answer here. But anything is possible in Texas.

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