QDRO Language not accepted

[Guest lorinda492]

I submitted a signed QDRO to the plan administrator who came back with a notice stating that the percentage was not specified (although a dollar amount is) so they cannot accept it.

How do I get this amended on the QDRO already signed by the judge? Does it need to be signed by me ex-husband again as well? He is refusing to sign anything & I live out of state from the court and plan administrator. How best to proceed?

[CADMT]

I submitted a signed QDRO to the plan administrator who came back with a notice stating that the percentage was not specified (although a dollar amount is) so they cannot accept it.

How do I get this amended on the QDRO already signed by the judge? Does it need to be signed by me ex-husband again as well? He is refusing to sign anything & I live out of state from the court and plan administrator. How best to proceed?

You need to understand what is acceptable to the plan before submitting a new or ammended QDRO to them. Normally you can call the plan and ask for information on submitting a QDRO and what their rules are. I am surprised that they will not accept a specified dollar amount as long as the amount does not exceed the benefit amount. The state in which the dissolution took place usually reserves jurisdiction for follow up matters such as this. You would have to have an attorney represent you in that state unless you were able to move jurisdiction. Either way you will need an attorney. Also, your husband does not have to sign the QDRO. Valid court orders (which a QDRO is) do not require petitioner or respondent signatures but the attorneys who represent them may have to sign. It depends on the court procedures which has jurisdiction in your case.

[Guest Sieve]

I think the rejection of the QDRO was incorreect (if the only reason for rejection was as you state it), because the QDRO rules require that the QDRO "clearly specifies -- . . . the amount or percentage . . . to be paid by the plan . . ." (emphasis added). Your order specified the amount.

The same thing is stated in the DOL's QDRO FAQs, in the 5th FAQ here: http://www.dol.gov/ebsa/faqs/faq_qdro.html

[david rigby]

Other information you need:

- technically, you are submitting a DRO (or perhaps a draft DRO). It is the plan administrator's review that determines if it meets the requirements to become "qualified".

- what kind of plan is this? If a DB plan, the DRO might need additional information for the plan administrator to review. For example, a DRO cannot require a plan to pay a form of payment not already permissible under the plan, nor can it require the plan to pay more (measured by standard actuarial techniques) to you and your ex (in total) than would otherwise be payable.

- not necessarily complete information, you may wish to review DOL comments about QDRO's: http://www.dol.gov/ebsa/faqs/faq_qdro.html

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