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Posted

I was reviewing the Department of Labor Handbook and I see that a QDRO can contain more than one retirement plan. Would you recommend including two retirement plans into one QDRO -- Pension and 401k if it is the same employer?

Posted

I see no problem with it if the DRO otherwise satisfied all the conditions to make it a QDRO.  And make sure there is no ambiguity to which plan each provisions refers.

QKA, QPA, CPC, ERPA

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

Posted

There really are times in life when it is cost effective to pay an attorney for advice and guidance. They can actually save you a lot of money.

 

Posted

I can see having one QDRO for multiple plans when they have the same plan administrator/sponsor or same controlled group perhaps.  But a QDRO is a court order ordering someone to do something.  I cannot see how such an order could obligate two unrelated parties to do 2 different things.  I don't see it.

Austin Powers, CPA, QPA, ERPA

Posted
1 hour ago, austin3515 said:

I can see having one QDRO for multiple plans when they have the same plan administrator/sponsor or same controlled group perhaps.  But a QDRO is a court order ordering someone to do something.  I cannot see how such an order could obligate two unrelated parties to do 2 different things.  I don't see it.

If the DRO contains all the things that are needed for a QDRO, would additional information/language that does NOT impact the plan make the DRO not qualified?

The issue I have with it is that the order would need to be very detailed and spell out exactly what applies to each plan. This percentage as of this date, etc.  There can be no question as to how the order is to be applied to either plan.  I think it can be done, but I would prefer one order per plan.

 

 

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