Drafting QDROs

Our goal in assisting attorneys is to ascertain that the information required is supplied such that the order will be accepted when first submitted. The following issues are examples of some of the provisions that must be addressed:

• Is the marital portion to be determined by using a coverture fraction?  If the fraction is to be used, is it to be applied to the frozen accrued benefit at the date of divorce or at the date that benefits commence.
• Does the QDRO use a separate or a shared interest approach?
• What happens to the assigned interests if the Alternate Payee dies before the participant?
• If the Alternate Payee's benefits commence before the Participant's, is she/he entitled to any early retirement subsidies and/or supplements that the Participant might be eligible for at retirement?
• Is the Alternate Payee to be named as the qualified spouse for the pre-retirement surviving spouse benefit and/or the post-retirement qualified joint and survivor coverage?
• Is the Alternate Payee entitled to cost-of-living increases that might be granted in the future?
• If the Alternate Payee's benefits commence before the Participant's, is she/he entitled to any early retirement subsidies and/or supplements that the Participant might be eligible for at retirement?