DO QDRO RULES APPLY TO GOVERNMENTAL PLANS?
Answer – NO. The QDRO rules do not apply to these plans because governmental plans are exempt from ERISA and IRC. Rules governing these plans are codified in federal, state or local statutes. A court order is still required in most cases to divide governmental plans. These orders must meet strict statutory guidelines concerning court ordered benefits. Governmental plans include all retirement plans (whether of the defined benefit or defined contribution variety) maintained by the federal, state, local government or political subdivision thereof. On the federal level this includes Military plans, Civil Service Retirement System (CSRS), Federal Employees’ Retirement System (FERS), Railroad Retirement Plan, and Federal Thrift Savings Plan. On the state level this includes Public Employees’ Retirement System (PERS), State Teachers’ Retirement System (STRS), and Judges’ Retirement System. On the local level (in Los Angeles) this includes the LA City Employees’ Retirement System (CERS), LA C
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