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
MODEL QDRO- DB PARTICIPANT ALREADY RECEIVING PENSION