QDRO Legal Foundations of Domestic Relations Orders 2

Question 1

Under ERISA, which federal law established the QDRO framework and preempts state domestic relations laws regarding pension benefits?

Accepted Answer

The Retirement Equity Act of 1984

Answer

The Retirement Equity Act of 1984 (REA) amended ERISA to create the QDRO framework, allowing state domestic relations orders to override ERISA's anti-alienation rules.

Question 2

A domestic relations order that assigns pension benefits to an alternate payee will be disqualified as a QDRO if it requires the plan to:

Accepted Answer

Increase the total amount of benefits payable under the plan

Answer

A QDRO cannot require the plan to provide increased benefits, which would be an impermissible augmentation of plan obligations.

Question 3

Which court has authority to issue a domestic relations order that can qualify as a QDRO?

Accepted Answer

Any state court of competent jurisdiction over domestic relations matters

Answer

Any state court with competent jurisdiction over domestic relations matters — including divorce, property settlement, or support — may issue a domestic relations order.

Question 4

The 'earliest retirement age' as used in the QDRO context refers to:

Accepted Answer

The earlier of the participant's earliest possible plan retirement date or age 50

Answer

ERISA defines earliest retirement age as the earlier of when the participant could receive benefits or age 50, allowing alternate payees to receive benefits sooner.

Question 5

When a QDRO is submitted to a plan administrator, how long does ERISA allow for the administrator to determine whether the order is qualified?

Accepted Answer

18 months from the date the order is received

Answer

ERISA Section 206(d)(3)(H) provides an 18-month period during which the plan administrator must determine if the order is a QDRO.

(QDRO) Certified Qualified Domestic Relations Order Specialist Practice Test

(QDRO) Certified Qualified Domestic Relations Order Specialist Practice Test

QDRO Legal Foundations of Domestic Relations Orders 2