Thornton Posted February 12, 2020 Posted February 12, 2020 H & W were divorced on July 16, 2019. W was awarded 1/2 of Hs cash balance pension and 401(k) plans. I was retained by the attorneys to draft the DROs. I did so and submitted them to the plan administrator for preapproval on October 9, 2019. Minor changes were requested, made and resubmitted. Preapproval letters were issued on November 25 and December 9. The court approved the QDROs and they were submitted to the PA for processing. The PA now wants another minor change in both QDROs. Normally, wouldn't be a problem, except for resubmitting them to the court, which PA requires. I just learned that the AP died on November 25, so her signature is not available for the revised QDROs. My thought is to made the requested change but keep the QDROs otherwise as drafted. The only form modification would be to have the personal representative of the AP's estate sign in the place of the AP. Does this sound like a reasonable solution?
Peter Gulia Posted February 13, 2020 Posted February 13, 2020 If the question is what proposed order (whether with or without a signature showing a litigant's acceptance or non-objection) would be adopted by the domestic-relations court, don't you want that guidance from the attorney who engaged you? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Larry Starr Posted February 13, 2020 Posted February 13, 2020 20 hours ago, Thornton said: H & W were divorced on July 16, 2019. W was awarded 1/2 of Hs cash balance pension and 401(k) plans. I was retained by the attorneys to draft the DROs. I did so and submitted them to the plan administrator for preapproval on October 9, 2019. Minor changes were requested, made and resubmitted. Preapproval letters were issued on November 25 and December 9. The court approved the QDROs and they were submitted to the PA for processing. The PA now wants another minor change in both QDROs. Normally, wouldn't be a problem, except for resubmitting them to the court, which PA requires. I just learned that the AP died on November 25, so her signature is not available for the revised QDROs. My thought is to made the requested change but keep the QDROs otherwise as drafted. The only form modification would be to have the personal representative of the AP's estate sign in the place of the AP. Does this sound like a reasonable solution? Reminder: there is no (ERISA) legal requirement that the participant's agree to the order (or sign it). In any case, if the judge wants a signature (which might be the case), then your solution sounds just fine since it has no legal effect on the processing under ERISA. 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
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