Plan Terminated - outstanding QDRO

[kmciver]

I have a DC plan that terminated in May 2017 and all participants have been distributed by 12/31/2017 except for one account.  We had a sample QDRO provided to us, but the ex-wife of the participant refuses to sign the QDRO.  What can the plan do at this point?  The employer does not want to keep paying for filings indefinitely.

Is there anything that can be done?

 

[QDROphile]

Yes, learn the rules for QDROs, at IRC 414(p).  The rules state what a plan must do when a domestic relation order is received.  "Domestic relations order" is also defined, and I doubt that your "sample QDRO" fits the definition, but I am speculating because "sample QDRO" has no universal meaning and your post has no description of the procedural status. Unless the plan is ill-advised enough to have QDRO procedures with unnecessarily-added rules about what to do when it receives evidence that a domestic relations order may received, the plan should do business as usual until a domestic relations order is received.  If the business includes termination and liquidation, then that should proceed without regard for the "sample QDRO." 

[Larry Starr]

18 minutes ago, QDROphile said:

Yes, learn the rules for QDROs, at IRC 414(p).  The rules state what a plan must do when a domestic relation order is received.  "Domestic relations order" is also defined, and I doubt that your "sample QDRO" fits the definition, but I am speculating because "sample QDRO" has no universal meaning and your post has no description of the procedural status. Unless the plan is ill-advised enough to have QDRO procedures with unnecessarily-added rules about what to do when it receives evidence that a domestic relations order may received, the plan should do business as usual until a domestic relations order is received.  If the business includes termination and liquidation, then that should proceed without regard for the "sample QDRO." 

100% agree.