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Posted

What to do after QDRO has been submitted to x-spouse retirement company who will not release funds? The Company was submitted all legal papers, then company requested a rewritten amendment in the language they preferred which was completed by an attorney, the company then asked for my spouse and my social security which were also submitted, the company then requested for a judge seal which was also done and submitted.  The company erased all emails from their server between myself and all representatives....after I had printed every single email out. My attorney is not longer available to assist in this matter due to illness. 

Posted

What is the last transaction or plan communication in this story? A domestic relations order with a “judge seal”, as requested by the plan, was submitted to the plan. Is that it? Has there been any communication with you since submitting the order? What and when was the last communication from the plan to you?

Posted

After posting this question yesterday, and sending another email to the company , I received a call from the company stating the QDRO was accepted and that a letter would be sent out to my ex-spouse and me.  This has been an ordeal for 2.5 years dealing with this company.  

Posted

Understand that frustration, but plans are required to follow strict rules in processing QDROs, and note that the Q standing for Qualified does not occur until the Plan Administrator reviews and accepts as Qualified, meaning all the requirements to be Qualified have been satisfied. There is often much back and forth getting from a divorce decree to a Domestic Relations Order to a QDRO, and any missing requirement can delay that process. Having a QDRO-knowledgeable attorney who engages with the Plan Administrator at the start and uses the Plan's model/preferred QDRO format would have served to facilitate, but doesn't help now, and hopefully you'll never be in this position again.

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

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