help - no qdro - ex wife's rights?

[Guest kokoro]

Hi all,

Happy New Year! I was wondering if anyone has any advice on my situation. It's been stressing me out!

Here's the situation:

After 39 years, I have finally retired from my company this past October, in California. I submitted for my one time lump sum payment and was ready to enjoy my retirement. However, to my dismay, I received a letter basically stating that no payments will be made till I send them a copy of a QDRO dictating the terms of how my pension should be paid out to myself and my ex-wife. I was married for 15 years, divorcing in 1988. The thing is, there was never a QDRO signed. All that was submitted, was a letter from our divorce lawyer stating that my ex-wife had rights to any future pension. There was no stipulation on how much she was to receive or what percentage she's entitled to. All that was stated was she had rights to the pension. The plan adminstator stated that since this letter is on file, I need to send in a QDRO. Again, I told him no QDRO has been filed. He replied, If no QDRO has been filed, I need to send in a Joinder Release form. The thing is, I have no idea where to find a generalized Joinder Release Form. He didn't know either but directed me to the California Superior Court Website. I found a form stating Pleading on Joinder Employee Pension Plan among others:

http://www.courtinfo.ca.gov/forms/documents/fl318info.pdf

http://www.courtinfo.ca.gov/forms/documents/fl370.pdf

i think this is the form:

http://www.courtinfo.ca.gov/forms/documents/fl370.pdf

http://www.courtinfo.ca.gov/forms/documents/fl372.pdf

I have no idea what this Joinder Release form will do for all these forms are generalized and none specify waiving one's rights to their ex's pension.

The thing is, my ex-wife doesn't even want a portion to pension. She is willing to waive all her rights. Since I am dealing with Fidelity investments, I was told that everything has to be done over snail mail. I have tried to speak to numerous customer representatives and they all say they cannot give law advice over the phone. My plan administrator is of no help. I am quite stressed with all this. I am trying to avoid the costs of a lawyer; however, if necessary, I will obtain one. I was just wondering if anyone had any advice or tips. Thank you so much!

[K2retire]

Most folks in the industry will have a simple half page form that allows your spouse to consent to the form of distribution you've requested. I'm not sure if something along those lines (modified to read "consent of former spouse") would work in this case. Someone from Fidelity should be able to answer that question.

For a different perspective on Fidelity's reponse to QDROs under California law, you might want to take a look at this discussion. http://benefitslink.com/boards/index.php?showtopic=39835

[GMK]

kokoro - I agree with K2retire's approach. Fidelity wants something in writing, signed by your ex, that says that no DRO is in the works.

I seem to remember an earlier post on these boards where Fidelity acted on an apparently-real-but-it-was-fake QDRO, or something like that, so you may be subject to a new, tighter scrutiny policy at Fidelity.

Still, I don't see how they can delay your distribution based on the letter and no actual DRO having been submitted, but maybe things are different in California.

[david rigby]

http://www.dol.gov/ebsa/Publications/qdros.html

Do Q&As 2-11 to 2-13 imply that 18 months is "long enough" to expect that a DRO will be submitted? Is Fidelity imposing a much longer (forever?) holding period? If so, is there justification for doing so?