Blackout notice

[cdavis25]

Do you have to give the participant and alternate payee a blackout notice while a DRO is being determined for a QDRO?

[Peter Gulia]

Under the Labor department's interpretation, a blackout period doesn't include a restriction that occurs because of a QDRO or because of a time for deciding whether an order (or even an anticipated order) is a QDRO. 29 C.F.R. 2520.101-3(d)(1)(ii)©.

However, consider whether the restrictions (if any) that apply because an order is submitted ought to be explained in the plan's summary plan description, QDRO procedures, and other notices.