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Posted

Divorced in 2009. Stamped QDRO sent and accepted by ex’s plan. Was told only one of three accounts could be spun off and the other 2 would when ex met a distributable event. Ex just met such event. I called and received a letter telling me that my QDRO is too old now and must be redone?? What?? They are the ones that wouldn’t spin it in 2009 and now it needs to be redone?  Has anyone faced a similar situation?

Posted

What similar situation?  A plan administrator that incorrectly applies the QDRO rules?  It happens all the time.

If your circumstances are somewhere near correctly described, they are out of the ordinary.

“Spun off” is a term of art that is suspicious in your description.

Posted
8 hours ago, GGBUCKS said:

Divorced in 2009. Stamped QDRO sent and accepted by ex’s plan. Was told only one of three accounts could be spun off and the other 2 would when ex met a distributable event. Ex just met such event. I called and received a letter telling me that my QDRO is too old now and must be redone?? What?? They are the ones that wouldn’t spin it in 2009 and now it needs to be redone?  Has anyone faced a similar situation?

What you are being told is simply not true nor legal.  You may need professional assistance as I even question whether the original determination of two accounts not being eligible for distribution to an alternate payee, but it is possible.  You can try taking this on yourself, at least at first, by contacting the plan and telling them they are wrong, that a QDRO does NOT "age out" and they need to check with their own ERISA advisors before you go ahead and contact the Department of Labor on them.  That might cause them to get some assistance from someone who knows what they are talking about.  Good luck.

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

Posted

Thank you Larry. I too found it unusual that 2 of the 3 accounts were not distributed but was told by the attorney who prepared my qdro, it was not so odd?? He has since passed away or I would have reached out to him. I’ll try going it alone initially before seeking new legal counsel. Thanks again for your response. 

Posted

QDROPhile, My circumstances are as described and as far as “spun off”, I simply used the term meaning spun off into my own account. Nothing suspicious!!!

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