"Stipulations" in QDROs

[Guest beppie_stark]

I received a draft DRO a few months ago that had the Plan Administrator "stipulating" to the terms of the QDRO. When I supplied the drafting attorney my suggested corrections I said that as the Plan Administrator we are unable to stipulate to items outside of our knowledge or control such as the date of the parties marriage and the agreement between the parties.

Long story short, the final DRO still had the stipulation language in it. I approved the DRO for qualification but refused to sign the order. My questions: Are QDROs often written to require stipulation of the Plan to the DRO? Was I too picky or was I misinterpreting the effect of stipulation?

[QDROphile]

Plan administrators should never sign the orders, even if they like them. The notice of qualification can disclaim any garbage that is in the order. That allows the plan administrator to qualify the order rather than disqualify over unimportant matters and prolong the painful process.

On the other hand, I can see some pleasure in disquailfication to punish the lawyer who drafted the offensive order. But why hurt everyone?

Plan administrators should stipulate to things only if they are involved in the proceedings as a party. I hope that never happens to you.