Who Determines Whether An Order Will Become a QDRO or Not?

Q. Marissa B. of Wisconsin wants to know: "Who Determines Whether An Order Will Become a QDRO or Not?"


A. Spencer from the QDRO Department of Pension Evaluators & QDROS Of Troyan, Inc Associates Group answers: "The Plan Administrator of the retirement plan that provides the benefits affected by the proposed QDRO is the individual that initially is responsible for determining whether a domestic relations order is a QDRO, as defined by the Employee Retirement Income Security ACT (ERISA). As plan fiduciaries, they bear the duty and responsibility with respect to determining whether a domestic relations order is a QDRO. As such, they establish guidelines and procedures to determine whether an order is a QDRO, and follow such rule when presented with a proposed order. It is prudent to submit a proposed QDRO to the plan administrator for pre-approval prior to submitting the documentation to the court. Often times a large Corporation is contracted to review and administer the QDRO."

Spencer Olsen

Senior QDRO Writer

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Categories: QDRO Procedures