Participant's death before a QDRO

Post Reply
ntang
Posts: 31
Joined: Fri Mar 02, 2018 12:01 am

Participant's death before a QDRO

Post by ntang » Fri Mar 02, 2018 12:43 am

What happens if the participant dies before the QDRO is approved by the Plan Administrator?

lduffy
Posts: 29
Joined: Thu Mar 01, 2018 10:15 pm

Re: Participant's death before a QDRO

Post by lduffy » Fri Mar 02, 2018 1:22 am

This issue should be of central concern to the attorney representing a potential alternate payee under a QDRO. A QDRO is not a QDRO until a certified executed copy is received and approved by the Plan Administrator. If the participant dies before a certified copy of the QDRO has been reviewed and approved by the Plan Administrator, the alternate payee MAY not be entitled to any portion of the participant's survivor benefits. This is true even if the Plan Administrator has already pre-approved a draft Order. In some cases, it is in the best interest of your client to get your QDRO signed by the judge before submitting it to the Plan Administrator for review.

Post Reply