What is not allowed in a QDRO?
• The order must not require a plan to provide an alternate payee or participant with any type or form of benefit, or any option, not otherwise provided under the plan. • The order must not require a plan to provide for increased benefits (determined on the basis of actuarial value) . • The order must not require a plan to pay benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. • The order must not require a plan to pay benefits to an alternate payee in the form of a qualified joint and survivor annuity for the lives of the alternate payee and his or her subsequent spouse . 5. Do all QDROs have the same provisions? No. While all QDRO must contain certain provisions (see Question #4, above), the language and content of the rest of the QDRO will depend on the issues specific to each case. 6. Who determines whether an order is a QDRO? The Plan Administrator of the retirement plan that provides the b
