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QDROs - Division of Pensions FAQ #9
9. Will a domestic relations order fail to be a QDRO solely because of the timing of
No, not if it otherwise meets the QDRO requirements under ERISA. A domestic relations order issued
after the participant's death, divorce, or annuity starting date, or subsequent to an existing QDRO, will
not fail to be treated as a QDRO solely because of the timing of issuance. For example, a subsequent
domestic relations order between the same parties which revises an earlier QDRO does not fail to be
a QDRO solely because it was issued after the first QDRO. Likewise, a subsequent domestic relations
order between different parties which directs a portion of the participant's previously unallocated
benefits to a second alternate payee, does not fail to be a QDRO soley because of the existence of a
previous QDRO. Further, a domestic relations order requiring a portion of a participant's annuity
benefit payments be paid to an alternate payee does not fail to be a QDRO solely because the
domestic relations order was issued after the annuity starting date.
Reference: 29 C.F.R. 2530.206; see section 1001 of the Pension Protection Act of 2006, Pub. L. 109-
280, 120 Stat. 780 (Aug. 17, 2006).
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