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Posted

QDRO was presented to the Plan Sponsor. This was valid QDRO and was submitted to the platform to segregate the account for the alternate payee. The alternate payee then took a distribution and rolled the funds to an IRA.

The participant is stating there is a law that the ex's attorney needs proof of how he (alternate payee) took the monies and present this to the court and to the participant's attorney.

I have never heard of such a requirement. Once the QDRO is issued by the court, no proof of payment must be provided to the court.

Am I missing something here? The alternate payee could print the transaction information from website if necessary, but the plan has no right to release this info do they???

Posted

If you are asking if the participant is entitled to information about the alternate payee's account or actions with respect to the account, the answer is negative. If the alternate payee consents, the plan can disclose information.

Posted

The participant is stating there is a law that the ex's attorney needs proof of how he (alternate payee) took the monies and present this to the court and to the participant's attorney.

If "ex" means "alternate payee", why wouldn't the "ex's attorney" ask his/her client for documentation of what the ex actually did?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

Why would the participant have any rights with respect to information concerning the way the money was distributed to the alternate payee?

Always check with your actuary first!

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