"Typo" in QDRO

[MarZDoates]

The Alternate Payee's Social Security Number and Date of Birth were referenced in a QDRO. However, the SSN was one digit off and the DOB was one year off.

Since only the A/P's name and address must be specified, does a new DRO need to be drafted?

[jpod]

Get the lawyers or the parties themselves to sign a letter confirming the error and that the correct SSN and DOB are X and Y. If you make them push this back to the judge for a new QDRO he/she may be less than pleased to say the least.

[david rigby]

You may want to be practical. There may be good reasons to omit both SSN and DOB from the QDRO, since it is a public document.

[Mike Preston]

The answer is no, a new QDRO does not need to be drafted. There is a citation somewhere (I think on the DOL's website regarding QDROS, but I'm not sure) that basically says that the purpose of the identifying information is to, well, identify the parties. If the plan is convinced they have the right parties it is completely unnecessary to modify a QDRO should it be found there is a typo or two or three. Hence, this is up to the folks that administer the plan and I would suggest to them that there is no ambiguity in the identification of the party involved so there is no need to update the QDRO.

[QDROphile]

The plan cannot require SSN or date of birth as a qualification requirement, so a mistake is not relevant to qualification unless it calls into question the identity of the participant or alternate payee, which is exteremely unlikely with a difference if a digit. The plan can require a SSN as a condition of distribution because the plan has to report. The plan can require a date of birth if needed to compute a benefit (defined benefit plan) or to comply with required distribution rules (really lame if the QDRO is administered correctly). The plan should not require that the SSN or date of birth be provided in the order.

[Guest QDRO crazy]

From what we have learned, the plan can give you directions on the phone and then change their mind as they go. I would send the plan a certified letter with a request for a return signature requesting their requirements in writing. This way when they try withhold any monies due, you can sue them and charge interest per court order.

[Mike Preston]

Well, I sort of agree with everything but the last sentence. Unless you are getting a gazillion dollars suing for lost interest will be a money loser (unless you can also get costs - always an iffy thing).

But there is no harm in requesting things in writing and having receipts for documents that are sent their way, such as certified mailings.

[BG5150]

You may want to be practical. There may be good reasons to omit both SSN and DOB from the QDRO, since it is a public document.

This was my first thought.

[MarZDoates]

Thank you for the feedback!