DRO has incorrect Plan Name

[Guest SWH]

Okay. Maybe this is a stupid question, but I've never come across this. DRO does not have correct Plan Name. It has ABC Retirement Savings Plan and the name of Plan is ABC 401k Plan. I know what plan they are referring to because it is the only Plan that participant is in (there is no Plan called Retirement Savings Plan). Do I have to reject because of this? I've looked and I can't find anything other than the Plan has to be identified.

Also, DRO only has circuit judge signature, but no circuit clerk stamps and signatures that are normally on the forms that we receive or any other court "stamps." Any comments on that? The circuit clerk stamps normally state that the records are on file with their office.

[JanetM]

First - just get the participant and AP to agree the plan intended is the ABC 401K plan. Second asked for copy of the filing from the clerk of records. This one will have all the proper stamps showing is has been duly reviewed by judge and filed with the court.

[QDROphile]

The authorities have been very forgiving about imperfect plan identification, so if the fiduciary is convinced there is no ambiguity, the order can qualify.

If the fiduciary reasonably believes that the order is what it purports to be, then it can be accepted. All the certification and other stuff simply provides indication that the order is really an order of the court and not a false document. If the fiduciary is concerned that the paper is a false document, then the fiduciary can ask for reasonable assurance of authenticity. The fiduciary would also get some comfort by waiting an appropriate period after notice about qualification before distributing benefits to an alternate payee. If one party submits a false document, the other party ought to be asking some questions about the unexpected notice, or a notice with unexpected terms.

[Guest SWH]

Thanks guys! That gives me some input and an avenue to approach this!

[QDROphile]

We forgot to say to be careful to comply with what the plan and the written QDRO procedures say about the relevant subjects, or amend if desired.