Defined Benefit (ERISA) QDRO Checklist

SAMPLE Defined Benefit (ERISA) QDRO (First 2 Pages Only)

1. Name, address and phone number of the person requesting the order.
2. Name of the county in which the divorce is taking place.
3. Name of the court that has jurisdiction over the divorce.
4. Name of judicial district/circuit/division, if applicable.
5. Case reference number.
6. Name, address, date of birth and Social Security number of the employee (participant/member of the plan).
7. Name, address, date of birth and Social Security number of the employee’s spouse (alternate payee/former spouse).
8. Reason for order (marital property rights or alimony).
9. Date of marriage.
10. Date the marriage ended.
11. Date of divorce, if divorced.
12. Date the employee began participating in the plan, if prior to the date of marriage.
13. Is the employee still employed, terminated or retired?
14. The exact name of the pension plan.

Additional Questions to be Answered:

(Explanations are included with these questions)
1. What is the form of award to the Alternate Payee (percent or dollar amount)?
2. Should the Alternate Payee receive a pro-rata share of any post-retirement cost of living adjustments (if offered by the plan)?
3. Should the Alternate Payee be treated as the surviving spouse of the Participant if the Participant dies prior to retirement?
4. If the Alternate Payee dies prior to commencement of benefits, what happens to his/her share?
5. Should the Alternate Payee receive a pro-rata share of any early retirement supplements, interim supplements or temporary benefits that become payable to the Participant which are not considered by the Plan Administrator to be a part of the Participant’s accrued benefit?
6. Should the Alternate Payee receive a pro-rata share of any early retirement subsidies?
7. Should the Alternate Payee be treated as the surviving spouse of the Participant, to the extent of the marital property component, in the event the Participant dies prior to reaching retirement?
8. Should the Alternate Payee receive a postretirement survivor annuity if the Participant predeceases the Alternate Payee after the date of their benefit commencement?
9. Should the Alternate Payee receive a Separate or Shared interest in the Participant’s benefits?
10. Should the Participant be required to maintain Qualified Pre-Retirement Survivor Annuity coverage?

Additional Provisions that will be included in the QDRO:

1. Commencement Date and Form of Payment to Alternate Payee.
2. What happens if the Participant and/or Alternate Payee commence their benefits prior to Participant’s normal retirement date?
3. What happens if the Alternate Payee dies prior to commencement of benefits?
4. What happens if the Participant dies “Before” retirement?
5. What happens if the Participant dies “After” retirement?
6. Savings Clause
7. Certification of Necessary Information.
8. Continued Qualified Status of Order.
9. Tax Treatment of Distributions Made Under The Order.
10. What happens if the Plan makes Inadvertent Payments to the Alternate Payee or Participants?
11. What happens if the Participant terminates employment prior to becoming vested in his/her accrued benefit?
12. Effect of Plan Termination.
13. Continued Jurisdiction by the Court.
14. Actions or Inactions by the Participant
15. Notice of Pending Retirement (if applicable)
16. IRC Section 415 Limitations
17. Correcting, Suspending or Terminating Payments to the Alternate Payee or Participant.
18. Plan terms shall prevail in case of a conflict with QDRO.