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Microsoft won't pay qdro


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5 hours ago, George bloor said:

I am a ex husband of a Microsoft employee. A judge signed "QDRO" has been unprocessed for over a year. 

What can I do?

Has it been submitted to the plan for review?  Have they acknowledged receipt of it?  Have they provided you with a copy of the plan's QDRO procedures?

Not sure what the holdup is with respect to it without more information.  Keep in mind, that under ERISA, the plan can take up to 18 months to accept or reject a DRO....

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Do you have an attorney who is well-versed in QDROs?

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.

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Let's be very clear here.  A plan can reject a DRO as not being qualified (the Q in the QDRO) even if a judge has signed off on it  People are used to the idea a judge signs an order it has to happen.  In this law if the judge signs it and the plan rejects the QDRO as not being qualified, the response is get it fixed and have the judge sign it again.  The judge can NOT order a plan to pay under a DRO that isn't in fact qualified.  At the risk of saying it too much, a QDRO isn't in fact a QDRO until the plan agrees it is.  So you need to find out if you really have a QDRO or a DRO the plan is saying isn't qualified.  

 

So as the others are saying you need to find the answers to those questions and it might help to find an attorney who knows QDROs well. 

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1.  Get Mirco$oft's HR to give you a copy of the QDRO procedures (they should have sent you one already).

2.  Like others said, it could be that MS decided not to qualify the order for some reason.  If that is the case, they must let you know the reason.  There are a lot of things a DRO must include and things it cannot include before the MS Plan Administrator qualifies the order to make it a true QDRO. Divorce attorneys and judges all have different expertise levels when it comes to DROs, so yours may be deficient in some manner and the parties involved have no idea.

3.  Like someone mentioned, a company usually has up to 18 months to qualify (or disqualify) a DRO. (It's an absurd amount of time, I know, but I think the rules go back many years where determining what exactly the ex-spouse would get was more difficult)

4.  I agree that your attorney (or another attorney who is well-versed in QDROs may have to get involved.

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

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