Participant transfers 457 to new administrator with job change before QDRO was summited

[Buzzlightyear]

After 3 years of chasing the Participant (ex-husband) to sign the QDRO the draft was signed and submitted to Calpers on 05/04/2002. They approved it and the final was sent back to the administrator signed on 4/24/2003. The Order reads that all contributions from 6/15/1991 ( Date of Marriage) to 11/09/1997 (date of Separation) added to his 457 Deferred Compensation Plan be divided by 50% adjusted to reflect the investment earnings or losses on such share from 11/09/1997 to date of transfer of alternate payee's share to a separate account. 

 After about 4 months a letter was received from ICMA-RC (He changed jobs before the QDRO was completed) stating "ICMA-RC received a domestic relations order and we are not able to act upon the order as its valued the assets for a date prior to ICMA-RC receiving the funds. (Assets rolled to ICMA-RC from a prior administrator on 11/30/1998).

I was told that the funds would be put aside and I would get any and all profits that my portion would bring. So I left it there due to the fact I did not want to deal with rolling it into another account and the funds were not needed. 

Now after 16 years I want to transfer my portion to an IRA what will I have to do?

Just because he rolled it into a new Plan with ICMA-RC with a job transfer will I lose my portion?

Is there anything I can do without paying an attorney all over again.

Thank you

[fmsinc]

You are still entitled to your share, since there seems to be a new employer and a new plan, you may need a new QDRO.  You delay of over 20 years is the source of your problems.  I cannot imagine why the Plan did not make an immediate rollover to you in 2003 when they received the Order. 

Here is a link to you rights as a former spouse under CalPers.  https://www.calpers.ca.gov/docs/forms-publications/community-property.pdf

I doubt that anyone will be able to determine gains and losses and investment experience from 11/9/97 to date.  

DSG

[Buzzlightyear]

Thank you!