Domestic Relations Order Procedure

Model Domestic Relations Orders

A Domestic Relations Order (“DRO”) is a Court Order that assigns a portion of or all of a Participant’s benefit under the Fund to an Alternate Payee (a spouse, former spouse, child or other dependent of a Fund participant).

To assist Participants, Alternate Payees, and Counsel with drafting a DRO, the Fund has prepared model DROs.  However, please understand that the model DROs are not the only option available to Participants and Alternate Payees.  There may be circumstances where the parties may want to or need to prepare an individually tailored DRO to meet the specific provisions of their property agreement.

Once a DRO is submitted to the Fund, the Fund will review the DRO to determine whether it meets the requirements of a “Qualified Domestic Relations Order” within the meaning of Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of the Employee Retirement Income Security Act .  To be determined a Qualified Domestic Relations Order, the DRO must contain all the required provisions, including the requirement not to provide for benefits greater than those provided under the Fund, and be signed by the appropriate court.  If the parties wish to add additional provisions to the model DRO, the additional provisions must be consistent both with the terms of the Fund and with applicable federal law.  The parties may request additional information from the Fund prior to drafting their DRO.

MODEL QDRO- DB PARTICIPANT NOT IN PAY STATUS