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QDRO received using prior name of our plan.


Guest mmaggs

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Guest mmaggs

Two years ago we changed the name of our company, and I just received a QDRO that sites a date in 2009 (prior to our name change) as the split date on this QDRO. It also references the old name of this plan. My immediate assumption is that this QDRO will have to be redrafted, but would like to ask other's opinions. Our Plan documents clearly spell out the name change without our 2011 plan amendment.

Thoughts?

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As long as there is no uncertainty or ambiguity about the plan that is identified by the QDRO, I would not disqualify. The notice of qualification should specify the new and old names, somethng like "ABC 401(k) Plan, formerly known as the AAA 401(k) plan." The courts have been very forgiving about failure to specify the correct name of the plan as long as there is relative certainy about the plan that the order intended to cover. Don't waste your time or the time of others on something that is not important. If there is some reason to doubt that the order is intended to apply to the plan, then you might need to be more demanding.

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If the QDRO contains language similar to the following, it would be considered a valid dro and should be processed. "Any Plan amendments, Plan mergers, changes in custodians, Plan name or sponsor of the Plan shall also be subject to the terms of this Order"

Most participants and/or alternate payees, seem to have little knowledge of exact name of the plan. As long as the DRO clearly indicates which plan it is, even if the name has changed, then the order should be qualified. This is especially true if the plan pre-approved/qualified the draft.

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  • david rigby changed the title to QDRO received using prior name of our plan.

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