Section 16.21 Qualified Domestic Relations Order Information-Gathering and Drafting Process

• Library: Family Law Deskbook and 2014 Supp

3. (§16.21) Qualified Domestic Relations Order Information-Gathering and Drafting Process

Information regarding each party’s interests in qualified and nonqualified deferred compensation arrangements should be obtained by counsel as soon as possible following the engagement of the client. If counsel seeks to obtain information regarding the spouse’s benefits, a written authorization to receive the information should be requested of the spouse. Alternatively, the employee spouse could simply request the information from the plan administrator. If the participant/spouse authorizes in writing the release to a third party of information that ERISA requires a plan administrator to disclose to participants, the plan administrator must honor that request made by the third party. 44 Fed. Reg. 19,400 (Apr. 3, 1979); 47 Fed. Reg. 31,871 (July 23, 1982). ERISA directs that the plan administrator has 30 days to supply the requested information after receipt of the written request. ERISA § 502(c)(1), 29 U.S.C. § 1132(c)(1). It is important that counsel, at an early date in the proceeding, determine the plan’s specific administrative procedures as to frequency and availability of valuation of the particular plan interests, the plan’s timing of posting contributions or service credits to those...