public pension qdro

[Guest sucker]

was divorced 13 years ago have a qdro order..may receive accidental dis. pension.. will the ex's amount be based on my accrued pension at time of divorce or on my accidental award amount?

[K2retire]

What does the QDRO say it will be based on?

[Mike Preston]

It is very rare for any disability benefit to be included in the benefits awarded to the ex-spouse in a public plan. Doesn't mean it can't happen, just that it infrequently does. Yes, you need to see what the QDRO says, but that is only part of it. Since you say it is a public plan they are not subject to ERISA and therefore don't have to follow the ERISA rules on QDRO's. Hence, you need to check with the plan to see what their rules are!

[david rigby]

Assuming the term "public plan" refers to a plan sponsored by a governmental entity, I think Code section 414(p)(11) will cover QDRO's for such plans, at least in some circumstances. Note that state or local statute might already require such coverage, making the Code section irrelevant.

I've never seen a QDRO of any kind that addressed the question of disability; be very careful about assuming that disability will automatically change any existing court order.

[mbozek]

Retirement benefits included in a QDRO are limited to benefits which existed during the marriage. A separate benefit that was not accrued until after the divorce will not be included as part of the ex spouse's benefit under the QDRO any more than the ex would have a right to an IRA established after the divorce. If spouse gets 50% of pension benefit under the QDRO and 10 years later employee is injured and receives a disability benefit which is separate from his retirement benefit, the disability benefit will not be considered to be included under the QDRO because employee had no vested right to such benefit during the marriage.

While public plans are not subject to ERISA, a public plan can can divide retirement benefits under the procedures for a QDRO to provide for a non taxable division of the benefits, the spouse will be taxed under the QDRO portion or can rollover the distribution to an IRA.

[Guest sucker]

It is a state plan and the order reads that the alternate payee will receive 50% of the marital portion of the participants accrued benefit under the plan as of the participants benefit commencement date or the wifes alternate commencement date if earlier. Then it just gives the fractional instuctions to calculate...when I die it will revert to my current spouse as this is not a private plan and her share will also stop.

[Guest sucker]

should have also mentioned there are various types of retirement had I not been injured would have received Service retirement... since I was hurt in a work related injury and was sent back with restriction employer could not accomodate filed for the Accidental Pension... this is not a separate disability award it is a state pension

[mbozek]

should have also mentioned there are various types of retirement had I not been injured would have received Service retirement... since I was hurt in a work related injury and was sent back with restriction employer could not accomodate filed for the Accidental Pension... this is not a separate disability award it is a state pension

The question is whether the accidental pension is a separate benefit that you are entitled to receive because of your injury which occured long after your divorce and hence is not part of the retirement benefit described in QDRO. You should consult an attorney to discuss. What state is this?

[Guest sucker]

NJ where the ex usually gets your lung