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.  

Our determination checklist indicates where in the Order the requirement is satisfied and includes a list of required modifications necessary for the Order to be classified as a QDRO.