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DRO says payments to AP end when P dies, AP dies OR AP remarries


Guest erisamelissa

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Guest erisamelissa

Also says that AP is not to be treated as surviving spouse. It appears to be a shared interest DRO, but how on earth is the plan administrator going to keep track of the AP's marital status?

Anyone seen this before?

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I wonder if the remarriage portion might violate the plan provisions.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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Sorry, I don't understand the problem. The order is merely stating that the alternate payee is not to be treated as the surviving spouse under provisions of law or the plan that give a surviving spouse some interest or benefit. The result would be the same if the order did not include that statement, unless the AP remains the spouse of the participant.

The person who drafted the order put it in because it is possible to give a former spouse AP some of the rights or interest of a suviving spouse and the statement negates any implication.

Are you concerned that they might remarry? What is it that troubles you?

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Guest erisamelissa

I think it was the belt and suspenders approach..... the order also says that the AP is not treated as the surviving spouse for any purpose.

Being a QDRO newbie, I thought it was a strange approach for a separate interest QDRO to still be tied to the participant. I guess I need to get out more.

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erisamelissa:

From time to time, there are some in-depth discussions of QDRO issues written by Paul R. Commerford. You might find reading them to be worthwhile. They are listed in Benefits Buzz, so you should be able to find them just by using the search function there.

P.S. I have no relationship, monetary or otherwise with him.

Kirk Maldonado

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I missed the part of your question in the heading about payment ending to an alternate payee if the alternate payee remarries. That is a legitimate concern. The plan should have no responsibility to investigate or determine any facts or marital status concerning the alternate payee. I would disqualify the provision unless it is worded to be purely mechanical, e.g. the alternate payee loses her interest if the participant submits a copy of a marriage license that names the alternate payee and is dated after the date of the QDRO.

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Guest erisamelissa

I actually found a reference to this type of restriction in a shared interest QDRO in the booklet prepared by the DOL. Again, whether or not this is practical seems to be beyond the scope of the "guidance".

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