QDRO Review

A domestic relations order (DRO) must contain the following information in order to meet the qualification requirements:

•	Plan Name.
•	Name/Address of participant and alternate payee.
•	Amount payable to alternate payee.
•	Form of Payment. The order must specify what form benefits are to be paid other than a joint & survivor annuity with the alternate payee’s subsequent spouse as beneficiary.
•	Commencement Date. If the order calls for payments to the alternate payee before the participant retires, the order may specify when payments can commence.
•	Duration of Payments. The order must specify the number of payments or the period over which the payments are to be made.

In addition, a DRO is not a QDRO if it:

•	Required Signature. The order must be court certified.
•	Requires the plan to pay benefits not provided by the plan.
•	Requires the plan to pay more than the participant’s vested interest at the time of distribution.
•	Requires the plan to pay the alternate payee benefits that have already been assigned to another alternate payee under an earlier QDRO.
•	Requires the plan to make retroactive payments to an alternate payee if the participant is in full pay status.