Charge for Cost of QJSA/QPSA

[Guest Kevin A. Wiggins]

I am interested in how you would handle a QDRO that states that if the plan does not fully subsidize the QJSA/QPSA, then the cost would be charged pro-rata to the participant and AP, e.g., the portion of the cost charged to the AP would be the actual charge multiplied by a fraction: (1) the value of benefits awarded to the AP as of the valuation date on which the award of benefits is measured in the DRO divided by (2) the value of Participant's benefits as of (i) the date of the charge or (ii) the date of distribution (the DRO would include (i) or (ii), not both).

Would you reject it? Any thoughts or comments?