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Posted

I'm looking at a DRO that gives a percentage of the participant's ESOP balance to his ex wife. It is not currently in a form that can be qualified due to missing information. In general, are there any details required for an ESOP QDRO that I am likely to be overlooking since I usually only deal with 401(k)s?

Posted

The one consistency that we know exists is that the QDRO procedures must be written within the plan. I would start there. I am not aware of any specific distinction for QDROs for ESOPs. Just thinking, any main differentiations would be between DB and DC plans since you are (typically) assigning a payout stream as opposed to a percentage of the account balance.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

Posted

Agreed.

And ask the ESOP for its QDRO Procedures (you probably already have). The Procedures notice would indicate special conditions that are in the plan document, if any (not likely).

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