Lawyer finalized my qdro, wife wont provide ssn??

[boomo99]

qdro was finalized, she finally signed it and my lawyer submitted to my ex employer. It was denied because her SSN was not submitted and

they did not have it. I dont know it, so of course i tried in many ways to reach out to my ex to supply it to my lawyer and she just wont. 

so now what? is there a point i can just get my pension without her getting it if she doesnt comply? oddly, my lawyer has not returned any of my questions, so i have come here. 

thanks

[david rigby]

Just to clarify, is the QDRO to provide a portion of your benefit to her?   If so, her inaction effectively means the draft QDRO has been rejected, and that might, eventually, be equivalent to "no QDRO".  It would be in her interest to help get the QDRO finalized.  If she stonewalls, that might be in your interest.  My parents always described this as "consequences".

[boomo99]

yes, she is due about 25% of my 200,000 either in lump sum or monthly whatever she decides, but when submitted it was rejected because osram didnt have her SSN. 

and now she wont submit it, at least hasnt yet and she was notified 10 days ago

[Effen]

If you were married, I find it hard to believe you don't have her SSN somewhere.  Did you file joint tax returns?

[boomo99]

yes, more then 10 years ago, i live in kansas now and may have that info back in NH where we were married, 

but not sure where it would be. havent filed jointly in 12 years, so cant get those records now. 

 

[QDROphile]

An SSN is not a qualification requirement. A plan may require an SSN for disbursement, but not for qualification.

[boomo99]

why do u think it was denied then? If what you say is true, shouldnt i be able to get my portion and she get hers when she provides this info? 

thanks

[QDROphile]

QDRO administration tends to be mediocre at best and can be really terrible. The Department of Labor suffers from its own misunderstanding of the law in several respects, and passes it along.

Another explanation is that the administrator anticipates problems on the distribution side, because an SSN is required then.  Difficulty in making distributions terrorizes administrators. By addressing it at this stage, the administrator at least has you as a lever.

[JM]

Agree with QDROphile.  A QDRO only need the following to qualify:

What information must a domestic relations order contain to qualify as a QDRO under ERISA?

QDROs must contain the following information:

-the name and last known mailing address of the participant and each alternate payee;

- the name of each plan to which the order applies;

- the dollar amount or percentage (or the method of determining the amount or percentage) of the benefit to be paid to the alternate payee; and

-the number of payments or time period to which the order applies.

[ERISA § 206(d)(3)(C)(i)-(iv); IRC § 414(p)(2)(A)-(D)]

[boomo99]

JM, so how do i tell the qdro center this exactly? when i called them they said the qdro was denied because her SSN was not supplied. 

seems like if i call them and share what ive learned, they probably wont just say, oh your right, here is your money. seems like i would have to still go thru

courts or some other legal thing. appreciate everyones help

[QDROphile]

Some plans handle disputes about qualification through the plan’s claims procedures. At one point, the DOL took the position that the issue was not a matter for claims procedures. I do not know if the position has changed.

Claims procedures are either described in the summary plan description or summarized in the summary plan description, with a full claims procedure document available upon request. You make your case by submitting a claim for benefits, explaining the error made by the plan and the legal authority for the outcome you desire. The plan is required to assess and respond, with an explanation of its position.  The exercise often forces plans to get religion, or at least competent advice about its position.