Time and Order of Issuance of Domestic Relations Orders
EBSA plans to enhance retirement security by clarifying the rights and obligations of parties seeking to obtain benefits under a qualified domestic relations order, thereby supporting the Secretary's good jobs for everyone policy.
Key Action: Final Regulation
The Department's EBSA plans to publish a final regulation in April 2010 clarifying that a domestic relations order otherwise meeting the requirements to be a qualified domestic relations order ("QDRO") shall not fail to be treated as a QDRO solely because the order is issued after, or revises, another domestic relations order or QDRO, or because of the time at which it is issued.
Key Concern and Issues to be Addressed
Participants and prospective alternate payees are entitled to have the administrator of their pension plan determine whether their domestic relations order is a QDRO within a reasonable period of time after receipt of the order and to a prompt notification of such determination. This regulation is intended to facilitate this determination process in certain cases by clarifying that orders shall not fail solely because the order is issued after, or revises, another domestic relations order or QDRO, or because of the time at which it is issued.