Assign benefits

Which over rules and why?

1. Quadro order stating alt. Payee, which I'd former spouse gets 50 percent.  Was signed in 2000. 

2. Ex in 2005  assigned no survivor benefits when he took retirement.

If quadro was legal and in place, in 2000, then ex can't waiver to no benefits in 2005, with order already in place.   Legal to do??

Plan manager over looked quadro. And let ex waiver. Legal?

Note in quadro, any changes to quadro must be reported to judge.

Plan never reported, 

Spouse found out, he changed plan benefit after he died,  legal?

You really need an attorney to assist you.

Exactly. If you had a QDRO that the Plan received and acknowledged - that is, the Plan Administrator informed you that the DRO was "qualified" and hence a QDRO, and then the Plan Administrator failed to follow the terms of the QDRO then you have a legal action to bring against the Plan. You probably need to start with a formal claim for benefits and go from there. If your claim is denied, then formally appeal, and then bring suit if necessary - ERISA does make you go through a hierarchy before bringing a lawsuit, and you don't necessarily need an attorney for the claim and appeal, but may want the help just the same. Good luck!

Thank you,. So much,. 

So if the plan accepted it, which is now quadro, then that's what the plan must follow,. Not him trying to change it after quadro was already accepted.  That's what I thought. 

The existence (and acceptance) of a QDRO does not inherently preclude the ability of the participant to make some type of election.  Refer to the terms of the QDRO itself.