Jump to content

Quick question RE my QDRO

Recommended Posts

Divorced,.  Both signed qualified Domestic order, accepted by plan and judge. All in order. In 2010.

Now, in 2016, ex filed for retirement, and instead of choosing. j&s,. He choose , no death benefits,. Even though he and plan manager knew,  about quadro.   

Question.  Does plan have to follow quadro already in place?

Or, follow what ex signed after quadro. 

Does ex  over ride judge's order.  I think not. And plan manager should follow judge order.

Link to comment
Share on other sites

If all is as you say, then the plan will need to follow the terms of the QDRO and pay you what you are entitled to.  If this means that they overpaid your ex then that is a matter between the plan and your ex.  The fly in the ointment is that you may need a lawyer to convince the plan to do the right thing.  But I'd start with making a claim for your benefits and seeing where that gets you.

Link to comment
Share on other sites

Ex is partic. I am alt payee to get 50 percent of pension. It's all detailed that I get half.. no question there.

The question is. By him signing he didn't want death benefits,. He did on purpose,....  When he and plan knew there was a quadro.

Question.???  Does the quadro overrule that paper he signed. 

Just opinions please...

Link to comment
Share on other sites

  • david rigby changed the title to Quick question RE my QDRO

Lots of variables here as others have pointed out, but the QDRO should have been done as a "separate interest" if covered under ERISA and filed prior to his retirement.  That means he can elect a single life annuity for his share and your share would be payable to you for your lifetime.  If that is what the QDRO provided but the plan overlooked the QDRO, etc., then you should hire a pension attorney to argue the plan should still pay you a separate interest over your own lifetime and they will have to eat the loss.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...