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Now it time to receive my retirement  starting in April 2020 I have not received any payment yet due to  divorce settlement decree with no QDRO on file with the courts. How long can the pension broad hold my retirement since the ex did not do the QDRO?

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If the plan is a private employer plan and has not received a domestic relations order (or sometimes some kind of notice of a pending domestic relations order), the plan should proceed as usual with start of benefits.  However, you personally might be violating a court order or procedure by starting your benefits pending resolution in the court of division of your benefit.

Public employers sometimes follow different rules.

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1 hour ago, Snicker said:

Now it time to receive my retirement  starting in April 2020 I have not received any payment yet due to  divorce settlement decree with no QDRO on file with the courts. How long can the pension broad hold my retirement since the ex did not do the QDRO?

You have not provided adequate information to deal with your issue.  I'm assuming you are NOT the employee who earned the retirement benefit, but the ex spouse who was supposed to be entitled to some part of you ex's benefit.  You HAVE to get a QDRO if the plan is to pay you anything.  You need to talk to your divorce lawyer and find out why the QDRO was not done.  Until it is done, you have no rights under the plan as an ex-spouse.

Lawrence C. Starr, FLMI, CLU, CEBS, CPC, ChFC, EA, ATA, QPFC
President
Qualified Plan Consultants, Inc.
46 Daggett Drive
West Springfield, MA 01089
413-736-2066
larrystarr@qpc-inc.com

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Yes I'm the employee who earned the retirement benefit from the City of Miami  the ex-spouse did not do a QDRO how long can they hold my pension.  The divorce was final in 2016. The ex-spouse had 4 years before I was eligible to start receiving my pension now that I'm eligible there is no QDRO on file with courts. 

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2 hours ago, BG5150 said:

You need to talk to an attorney well-versed in ERISA matters.

... and also well-versed in how little of ERISA applies to plans sponsored by governmental organizations.

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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On 7/1/2020 at 2:30 PM, Snicker said:

ok, can you refer me to attorney here in Miami, Florida 

Dade County Area Thank you

Sorry, Snicker.  I don't do much business down that way.

On 7/1/2020 at 4:56 PM, david rigby said:

... and also well-versed in how little of ERISA applies to plans sponsored by governmental organizations.

This is true.  You'll want an attorney who knows a lot about governmental plans.  (Although, I would think the QDRO rules are similar to ERISA-covered plans.)

QKA, QPA, CPC, ERPA

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

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