Section 16.22 Qualified Domestic Relations Order Review Process
| Library | Family Law Deskbook and 2014 Supp |
4. (§16.22) Qualified Domestic Relations Order Review Process
The receipt of a court-executed order triggers the plan administrator’s fiduciary duties as provided in I.R.C. § 414(p)(6). The Internal Revenue Code makes a distinction between a DRO (domestic relations order) and a QDRO. Id. It is this distinction that has generated much dispute regarding the plan administrator’s fiduciary obligation to the as yet undesignated alternate payee/beneficiary. Upon receipt of the not-yet qualified order (the DRO), the plan administrator must promptly notify the participant and each alternate payee of the submission of the order and, as discussed in §16.21 above...
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