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We will prepare QDRO based on Divorce
Court Order for submission to Retirement Plan Administrator.
Upon receipt of a domestic relations order, the Retirement
Plan Administrator will act in accordance with the following
procedures to determine the order's qualified status:
1. Notify in writing the concerned Plan participant
or beneficiary and any alternate payees of the receipt
of the order and of the Plans procedures for determining
the qualified status of such order. The Plan Administrator
may request additional information from any participant,
beneficiary or alternate payee affected by the order.
2. Separately account, by segregation or otherwise,
for any amounts currently payable if such amounts would
be payable to the alternate payee under the order.
3. Determine the qualified status of the order under
Code section 414(p) and 206(d)(3) of ERISA. Such determination
may include forwarding a copy of the order to Plan counsel,
actuaries, accounts, etc. for guidance as to the order's
qualified status, and/or communication with those responsible
for drafting the order regarding modifications.
4. Upon determination as to the qualified status
of the order, provide written notification to the affected
Plan participant, beneficiary and alternate payees of
such determination. The Plan Administrator may accord
affected parties a reasonable period of time to comment
on the determination.
[2] Section 401(a)(13)(A) of the IRS Code provides that benefits under a
qualified plan may not be assigned or alienated. Section 401(a)(13)(B)
establishes an exception to the antialienation rule for assignments made
pursuant to domestic relations orders that constitute QDROs within the meaning
of section 414(p). A "domestic relations order" is defined in section
414(p)(1)(B) as any judgment, decree, or order (including approval of a
property settlement agreement) that (i) relates to the provision of child
support, alimony payments, or marital property rights to a spouse, former
spouse, child, or other dependent of a participant, and (ii) is made pursuant
to a State domestic relations law (including a community property law). There
is no exception to the section 401(a)(13)(A) antialienation rule for
assignments made pursuant to domestic relations orders that are not QDROs.
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