Alternate payee rights already having QDRO filed in court

[kratermagee]

I have a QUADRO already filed with the courts some years ago and I am the

named alternate payee, and according to the QUADR0 have the same rights

to information as the participant, but the company will never give them to me,

nor will they answer any letters. I have sent them to the Plan Administrator.

I have also provided the Plan Administrator with a copy of the QUADRO.

This was a very large supermarket chain in the Northeast. Thank you for

your help.

[david rigby]

What is meant by "filed with the courts"?

Has the company received the QDRO? Reviewed it? Acknowledged that it is valid?

[My 2 cents]

What is meant by "filed with the courts"?

Has the company received the QDRO? Reviewed it? Acknowledged that it is valid?

A Domestic Relations Order only becomes a Qualified Domestic Relations Order when the plan administrator says it is (and they do have a duty to approve it or say why not, and the reasons must be legitimate in light of the statutory rules concerning QDROs).

[kratermagee]

How would I know if the Plan Administrator got it and approved it? I have a signed copy by a New Jersey

Judge.. Two attorneys had it prepared by a QUADRO expert and it was signed by a judge.

It was years ago....Appreciate your help.

[david rigby]

It is (probably) not the judge's responsibility to send it to the PA. Your original post states the company won't "answer any letters". Best guess why they won't correspond with you is they don't have the QDRO.

Send it.

[kratermagee]

No, they have it. It was sent from my attorney. The court signed off on it because it was part of a divorce

settlement. Thank you.

[kratermagee]

What I am wondering is, it was with a large supermarket company in New Jersey that went down and was

purchased by a much bigger supermarket company, and believe it or not they went under, I am referring to

Pathmark being purchased by A & P Supermarkets, whom still have a plan administrator. Which is where I

have recently sent my correspondence. Is there any form to just see if the Pension is still there and if any

funds have been distributed to the participant? thanks so much. According to the Quadro I have the same

rights as the participant to receive such information.

[david rigby]

Again, because they won't correspond with you, it's possible they don't have (or haven't approved) the draft DRO as being a valid QDRO (does NOT matter if the court signed it, since the company must review it for compliance with the plan itself).

Now, you state there has been a change of corporate structure/merger, etc. This is another reason for you to be skeptical that the company has the information. Send it again, with a polite cover letter that the original may never have been received/filed/approved. Keep copies of what you sent. Date everything.

Important: if the draft is approved or not, they will tell you. If you have never received any confirmation, you should be very skeptical that the process has been completed.

[ForksnKnives]

The answer to your question is yes, as an alternate payee you are entitled to plan information like any other beneficiary of the plan. Whether the plan recognizes you as an alternate payee may be why you are not receiving information. After the court signs the domestic relations order it must be sent to plan administrator for review. If the plan administrator qualifies the order then the plan administrator recognizes you as an alternate payee and you should not have problems. If the order was not qualified then there is still work to be done to protect your rights under the plan.

Contact the plan administrator or their service vendor to determine if they received the order and whether it was qualified. If it was not received or not qualified then you need to talk to your attorney. If it was qualified then pursue further with them why you are not receiving information or responses. It is possible they have a bad address for you and the info is going somewhere else.