What type of division order is required for other non-ERISA plans?
Many state retirement systems, Individual Retirement Accounts (IRAs and ROTH IRAs) as well as Railroad retirement benefits may be divided. They are not required to divide benefits pursuant to ERISA, but many follow the State’s domestic relations law and property division statutes and allow for such a division. Many custodians of IRAs will accept a letter of instruction for division. The Colorado Public Employees Retirement Association (PERA) allows for a division of benefits, but has strict timing and document requirements to accomplish a division. Each entity is different and has their own procedures and requirements that must be followed to accomplish a division.
