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Posted: 2009-10-07 14:52
Received a proposed draft from a law firm requesting assessment of a Domestic Relations Order to determine if it would be in fact a QDRO pursuant to ERISA and terms of our Plan (once signed by courts). Never had this before. Any suggestions on how to respond?
HRPro
Joined: Aug 24, 2009 Posts: 104
Posted: 2009-10-07 15:21
I wouldn't respond and to my knowledge you are under no duty or obligation to do so. You are only required to respond to this IF it is the final document and so ordered by the court. If you feel you should do more than ignore it give the document to your Corporate Counsel or external legal advisor and let them handle it.
LSchmid
Joined: Feb 05, 2003 Posts: 245
Posted: 2009-10-07 15:51
I've been down this road before and responded that the request was not a QDRO unless it had all the applicable information required. The ex-wife called me yelling that I had to honor the note (it was a copy of notes from the court hearing - nothing had been signed, etc.). I informed her that it was not a QDRO and there would not be any further action unless all requisite information/signatures were provided. That was about 3 years ago and I have not heard anything since.
relief
Joined: Oct 13, 2005 Posts: 20
Posted: 2009-10-07 16:03
I agree with HRPro. We typically send court signed QDRO's to our external counsel to review for determination, but the cost of sending drafts as well as finals would be overwhelming.
Does anyone pass the costs of the review onto employees?
howard7
Joined: Sep 13, 2001 Posts: 2615
Posted: 2009-10-07 22:57
Most Plan administrators will provide legal counsel with a pro forma QDRO. We had a checklist that we provided and if the elements wer all not included then we rejected the proposed agreement and made them redo it.
rrupert
Joined: Feb 15, 2006 Posts: 1612
Posted: 2009-10-08 08:50
Also check with your plan adminstrator or third party administrator. They should have some type of prototype document or checklist to help with the process. I know mine provided it to me in the original packet of forms and documents when we setup the plan.
And even if you get a "Final" QDRO, often there are things in it that have to be revised because it doesn't work with the plan documents. So you might have to go through a revision anyway. Only you and your counsel can decide if reviewing a draft is worthwhile.
However, you could send a copy of the plan document or SPD back to the participant/spouse/lawyers for them to review it.
Now is also a great time to setup a process if you don't have one in place for dealing with QDROs. Because the last place your company wants to be is in the middle of a lawsuit where you've distributed money to the wrong person.
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Posted: 2009-10-07 14:52 
