Written QDRO Procedures for Plan Adminstrators?

[Guest Oracle]

Can anyone provide or direct me to some written QDRO procedures for Plan Administrators? All qualified plans should have these, but I know many don't.

Certainly, different plans and different circumstances could lead to diferent procedures,

but it's much easier to improve or modify than to have to entirely reinvent something.

[Everett Moreland]

SECTION 11. QDRO PROCEDURE

11.1. PLAN'S QDRO PROCEDURE. This Section 11. states the Plan's procedures for determining whether a domestic relations order (as defined in IRC Section 414(p)(1)(B)) is a QDRO and for administering benefit payments under QDROs.

11.2. REPRESENTATIVE. A Participant and a prospective Alternate Payee may designate a representative to receive copies of notices and Plan information that are sent to the Participant or the prospective Alternate Payee under this Section 11.

11.3. COPIES OF DOCUMENTS. Upon request the Plan Administrator will provide to Participants and prospective Alternate Payees copies of the Plan, the Summary Plan Description, and any model QDRO and any other information the Plan Administrator deems appropriate to the purposes of this Section 11.

11.4. ASSISTANCE. The Plan Administrator may assist a Participant and a prospective Alternate Payee in drafting a domestic relations order that is intended to be a QDRO assigning benefits under the Plan.

11.5. DECEASED PARTICIPANT. If the Participant is deceased, references in this Section 11. to the Participant refer also to the Participant's Beneficiary unless the context requires otherwise.

11.6. DETERMINATION. Upon receiving a domestic relations order, the Plan Administrator will promptly notify the Participant and each individual identified in the order as an alternate payee of the receipt of the order and provide them a copy of this Section 11. Within a reasonable period after receiving the order, the Plan Administrator will determine whether the order is a QDRO and notify the Participant and each such individual of such determination and of the Plan's procedures in 11.7. for reviewing the determination. If the order is determined not to be a QDRO, the notice of the Plan Administrator's determination will include a description of any additional material or information, or modifications to the order, need to be supplied or made for the order to be a QDRO or for the Plan Administrator to be able to determine that the order is a QDRO. To determine whether the order is a QDRO, the Plan Administrator may:

a. Consult with legal counsel concerning whether the order is a QDRO;

b. Ask the Participant and each such individual to provide such information as is reasonably within their control as the Plan Administrator believes may help the Plan Administrator to determine whether the order is a QDRO or may assist the Plan Administrator in administering benefit payments under the order;

c. Ask the Participant and each such individual or their attorneys to stipulate in a manner acceptable to the Plan Administrator that the order is a QDRO;

d. Ask the Participant and each such individual to have the order modified in such manner as the Plan Administrator believes may enable the Plan Administrator to determine that the order as modified is a QDRO or may assist the Plan Administrator in administering benefit payments under the order; and

e. Take such other action as the Plan Administrator believes may help the Plan Administrator to determine whether the order is a QDRO or may assist the Plan Administrator in administering benefit payments under the order.

11.7. REVIEW OF DETERMINATION. The Participant and each individual identified in the order as an alternate payee may within 30 days after the Plan Administrator provides notice of the determination file with the Plan Administrator a written request for review of the determination unless such person is not adversely affected by the determination or such person or such person's attorney has stipulated that the order is a QDRO. After receiving a request for review, the Plan Administrator will promptly provide a copy of the request for review to each such person; accept from each such person any written response to the request for review; promptly provide a copy of each such written response to each such person; make a full and fair review of the determination, the request for review, and each such written response, including, in the Plan Administrator's sole discretion, at a hearing; decide whether to change the determination; and within 60 days (90 days if the Plan Administrator holds a hearing) notify the Participant and each such individual in writing of the Plan Administrator's decision on the request for review, which notice will (1) state the specific reasons for the Plan Administrator's decision on issues considered on review, (2) refer to any specific Plan provisions on which the decision is based, and (3) state that such persons may have a right to bring a civil action under ERISA Section 502(a) to contest the Plan Administrator's determination and the Plan Administrator's decision on the request for review.

11.8. ADMINISTRATION DURING DETERMINATION AND REVIEW. During the period in which the issue of whether a domestic relations order is a QDRO is being determined (by the Plan Administrator, by a court of competent jurisdiction, or otherwise), the Plan Administrator will separately account for the amounts that would have been payable to the Alternate Payee during such period if the order had been determined to be a QDRO. If within 18 months after the date the first payment would be required to be made under the order:

a. The order (or a modification of the order) is determined to be a QDRO, the Plan Administrator will pay such amounts to the person or persons entitled thereto as provided in the Plan.

b. It is determined that the order is not a QDRO or the issue as to whether the order is a QDRO is not resolved, the Plan Administrator will cease to separately account for such amounts and will direct the payment of benefits with respect to such amounts to the person or persons entitled thereto in the absence of the order.

Any determination that the order is a QDRO that is made after the close of such 18-month period will apply prospectively only.

SECTION 12. CLAIMS PROCEDURE

* * * *

12.7. QDRO PROCEDURE. The Plan's QDRO procedure is in Section 11. This Section 12. does not apply to the Plan Administrator's determination of whether a domestic relations order is a QDRO, a request for review of such determination, or actions under 11.8. in separately accounting for the amounts described in 11.8. or in complying with the requirements in 11.8. regarding the person or persons to whom such amounts are to be paid. This Section 12. applies to all other matters with respect to a QDRO, such as a claim that benefits have not been paid to an Alternate Payee as provided in the Plan or that the Plan Administrator has treated more benefits as assigned to an Alternate Payee than is provided in a QDRO.

[QDROphile]

The posted claims procedures have some rather dangerous provisions and are unhelpful in providing guidance on common issues to the plan administrator or persons who are drafting orders. See, e.g. Dahlgren v. U.S. West Direct, 12 EBC 2275 (D Or 1990).