Is preapproval necessary?

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

Is preapproval necessary?

Post by ntang » Fri Mar 02, 2018 12:30 am

Should I obtain preapproval of the QDRO before filing with the Court?

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

Re: Is preapproval necessary?

Post by lduffy » Fri Mar 02, 2018 1:56 am

It is always a good idea for a draft QDRO to be submitted to the Plan Administrator to find out in writing whether they require any changes. There are times that a QDRO will be interpreted by a plan as “not qualified” even though it would have been accepted as “qualified” in the past. Plan administrators will reject a QDRO as “not qualified” based on their interpretation of the law. We see this most often when a plan switches custodians and/or legal counsel. A QDRO previously acceptable under one interpretation of federal law may be found unacceptable under a different interpretation of federal law. In that situation, the QDRO will be rejected with a request for slightly different paragraphs even though the substantive award does not change.

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