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Employee Benefits Security Administration

News Release

Release Date: June 10, 2010
Contact Name: Gloria Della or Joseph De Wolk
Phone Number: 202.693.8664/202.693.4681

U.S. Department of Labor announces final rules on pension distributions under qualified domestic relations orders

Washington – The U.S. Department of Labor today announced a final rule regarding certain requirements for qualified domestic relations orders (QDROs) under the Employee Retirement Income Security Act of 1974 (ERISA).

The rule is being issued under the Pension Protection Act of 2006, which requires the Labor Department to issue regulations clarifying that a domestic relations order otherwise meeting ERISA's QDRO requirements would not fail to be treated as a QDRO solely because of when it is issued or because it is issued after, or revises, another domestic relations order. The rule includes examples to address various circumstances involving the timing of a domestic relations order.

"Qualifying and administering domestic relations orders sometimes can be a difficult process. This rule will provide more clarity and make compliance easier for plan administrators so that plan participants and beneficiaries actually receive their benefits as ordered," said Assistant Secretary of Labor for Employee Benefits Security Administration Phyllis C. Borzi.

The regulation is published in the June 10, 2010, edition of the Federal Register. For more information about EBSA, please visit http://www.dol.gov/ebsa/ or the Labor Department website at http://www.dol.gov/.

U.S. Department of Labor news releases are accessible on the Department's Newsroom page. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202.693.7828 or TTY 202.693.7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit the Department's Compliance Assistance page.