Plan Administrator's Guide

Importance of Written QDRO Procedures | Receipt of an Executed QDRO
Timing Requirements for Determining Qualified Status of an Order
Segregation of Plan Benefits While QDRO Process Is Pending | When an Order Does Not Qualify as a QDRO
Once a QDRO is Qualified | What if the Participant Dies Before the Order is Qualified?
What Happens if the Alternate Payee Dies?

When an Order Does Not Qualify as a QDRO

It may be beneficial for the plan administrator to assist the drafting attorney with some critical information that may be necessary to draft an amended order that will qualify. Whether the deficiency is caused by a simple omission, such as not stating the name of the employer's pension plan correctly, or by a more serious mistake, such as providing for benefits in a form not permissible under the plan, it may be in the best interests of all parties for the plan administrator to offer assistance that will aid the drafting attorney in amending the terms of the QDRO and expediting its eventual approval.

In any event, the plan administrator should notify all parties that, upon review, it was determined that the order did not qualify as a QDRO and if applicable, benefits will continue to be withheld in accordance with federal law pending the submission of an amended order.