Section 16.23 Implementation of the Qualified Domestic Relations Order

• Library: Family Law Deskbook and 2014 Supp

5. (§16.23) Implementation of the Qualified Domestic Relations Order

Upon qualification, the plan administrator must notify the parties of the administrator’s decision. I.R.C. § 414(p)(6). The alternate payee may designate a third party to receive the notice.

Once the plan administrator has been put on notice that a QDRO is intended to be entered to provide assignment of all or a portion of a participant’s interest in the plan (possibly even before qualification of the QDRO by the plan administrator), the institutional holder of the participant’s account funds apparently takes on some type of fiduciary duty to the former spouse/alternate payee. In Shervin v. Huntleigh Securities Corp., 85 S.W.3d 737 (Mo. App. E.D. 1996), the wife was awarded 100% of...