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Law Offices of Fred L. Valentine, Jr.>Financial>QDROs


Qualified Domestic Relations Orders

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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