Filling Out Qdro Forms

QDRO (Qualified Domestic Relations Order) is a divorce order that provides instructions to a pension plan as to how to pay you, your share of the benefits out of the plan. QDRO applies to plans covered by Federal Laws. If a member divorces, any annuity, benefit or accumulated contributions from the Retirement System may be subjected to claims by a former spouse under Qualified Domestic Relation Order. This is an order of the court providing maintenance, child support, and even property division.

Contributions that have accumulated during the marriage are considered marital assets. Most QDROs result from an agreement between the parties. A former spouse can receive payment from the Retirement System under a Qualified Domestic Relation Order when a member withdraws, retires or dies.
Requirements of a Qualified Domestic Relation Order

In order for a domestic relations to be qualified, it must meet the requirements of Internal Revenue Code Section 414(p) and provide the necessary things such as:
The name and last known mailing address of the participant

The name and last known mailing address of the Alternate Payee.

Amount of percentage of the participant's benefit to be paid by the plan to each Alternate Payee or the manner in which such amount or percentage is to be determined.

Number of payments or period to which such order applies.

Plan to which the order applies.

In relation too the provision of the marital property rights, or child support, alimony to a spouse, child or dependent.

It is made pursuant to state domestic relations law.

You can begin the QDRO process when you are initiating your divorce or legal separation. A lawyer should fill up a QDRO form for you before you file your divorce or separation documents with the court. Your lawyer will ensure that the process conforms with the language in your divorce or legal separation document, or provide you with wording for those documents if they are not completed.

General provisions:

This order does not require (name of company) to provide: any type or form of benefit, or any benefit option, not otherwise provided under contractual obligations owed. Aside from this, each party will, upon receiving a reasonable receiving a reasonable request, perform any act reasonably necessary to carry into effect the terms of this order.

Each party will be responsible for, and will pay, any taxes that are due on account of any amount received by that party from (name of plan) account.

The court retains jurisdiction to make further orders as are necessary to enforce or clarify the provisions of this order.

Claims for benefits and beneficiary designations must be made on forms provided by (name of company)