QDRO that includes future accruals

[Guest cosmo01]

We have a QDRO that includes as part of the Alternate Payee's benefit, all future benefits accrued after the date of the order until the date the participant terminates employment. I have always thought that based on the language in the statute that a QDRO cannot provide increased benefits, that this is impermissible, however, I am now questing this thought. Does anybody have any insight into this? Are there any cases or rulings or guidance that specially states one way or another whether a QDRO can include future accruals from a db plan?

Thanks,

[david rigby]

I'm no expert, but I have seen several QDRO's that do this. Where do you think the order is providing "increased benefits"?

[QDROphile]

It can be done. The "increased benefits" relates to what the plan is willing to provide as a benefit. It has nothing to do with what part of it the AP gets.