Can a QDRO provide that all of the participants accrued benefits are to be paid to the alternate payee?
A-40: Yes. It is a common misconception that an alternate payee is only entitled to half of the participant’s vested accrued benefit under the plan. If a state domestic relations court decides that the alternate payee is entitled to 100 percent of the participant’s pension benefits, the plan administrator will be obligated to follow the order pursuant to its terms if the order otherwise satisfies the qualification requirements for QDROs.
Related Questions
- How will the alternate payees share of the benefits be "allocate" among the participants various accounts and/or subaccounts under a defined contribution plan?
- Can a QDRO provide the alternate payee with a portion of the participants "future" benefits under the Plan ?
- What is the earliest date on which the alternate payee can begin to receive benefits under a QDRO?
