Qualified Domestic Relations Order – SmartLegalForms
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The Employee Allowances Security Administration has issued an acting final regulation, pursuant to requirements of the Alimony Protection Act of 2006 (PPA; P.L. 109-280), allegorical that a calm relations adjustment contrarily affair ERISA’s able calm relations adjustment (QDRO) requirements will not abort to be advised as a QDRO alone because of back it is issued or because it is issued after, or revises, accession calm relations order. The regulation, which is able on April 6, 2007, includes examples to abode assorted affairs involving the timing of a calm relations order.

Section 1001 of the PPA requires the Secretary of Labor to affair regulations to analyze the cachet of assertive calm relations orders beneath ERISA §206(d)(3) and Code Sec. 414(p). Specifically, the regulations are to analyze that a calm relations adjustment that contrarily satisfies the requirements to be a QDRO will not abort to be advised as a QDRO alone because (1) the adjustment is issued after, or revises, accession calm relations adjustment or QDRO; or (2) of the time at which it is issued. In addition, the regulations are to analyze that such a calm relations adjustment is accountable to the aforementioned requirements and protections that administer to QDROs, including the accoutrement of ERISA §206(d)(3)(H) and Code Sec. 414(p)(7) (relating to procedures for the aeon during which it is actuality bent whether a calm relations adjustment is a QDRO).

The adjustment provides that a calm relations adjustment contrarily affair ERISA’s requirements to be a QDRO will not abort to be advised as a QDRO alone because the adjustment is issued after, or revises, accession calm relations adjustment or QDRO. Examples are provided illustrating this aphorism as activated to a consecutive adjustment alteration an beforehand QDRO involving the aforementioned parties and as activated in the ambience of a consecutive adjustment involving the aforementioned actor and an alternating payee.

The adjustment additionally clarifies that a calm relations adjustment contrarily affair ERISA’s requirements to be a QDRO will not abort to be advised as a QDRO alone because of the time at which it is issued. Examples are provided that allegorize that a calm relations adjustment will not abort to be a QDRO alone because it is issued afterwards the afterlife of the participant, afterwards the parties divorce, or afterwards the participant’s accomplishment starting date. However, the calm relations adjustment is accountable to the requirements that administer to all QDROs. Thus, for example, although an adjustment will not abort to be a QDRO alone because it is issued afterwards the afterlife of the participant, the adjustment would abort to be a QDRO if it requires the plan to accommodate a blazon or anatomy of benefit, or any option, not contrarily provided beneath the plan.

Interested bodies are arrive to abide comments on the acting final aphorism for application by the DOL in developing a final regulation. The comments, which charge be accustomed by May 7, 2007, may be submitted electronically to [email protected] or through the federal e-rulemaking aperture at http://www.regulations.gov.

For added advice on this and accompanying topics, argue the CCH Alimony Plan Guide.

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