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DOL Regulation - Time and Order of Issuance of Domestic Relations Orders (DROs) (Mar 7, 2007)     (PDF)

Alternate payee, Divorce, Domestic relations orders, Employee benefit plans, Marital property, Pensions, Plan administrator, Qualified domestic relations orders, Spouse. 

This is an interim final rule provides guidance to plan administrators, service providers, participants, and alternate payees on the qualified domestic relations order (QDRO) requirements under ERISA.

Effective April 6, 2007

  1. Subsequent Domestic Relations Orders – A DRO that would otherwise be considered a QDRO will not fail to be considered a QDRO solely because the DRO is issued after, or revises, another DRO or QDRO.
     
  2. Timing of Domestic Relations Order - A DRO that would otherwise be considered a QDRO will not fail to be considered a QDRO solely because of the time at which it is issued (after the death of the participant, after the parties divorce, after the participant’s annuity starting date)
     
  3. Requirements and Protections - A DRO described in the DOL regulation is subject to the same requirements and protections that apply to all QDROs.

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