- 6 - to receive all, or a portion of, the benefits payable under a plan with respect to such participant. To qualify for the section 72(t)(2)(C) exception to the additional tax the distribution must be made by the plan administrator to an alternate payee in response to a QDRO. Section 414(p) provides certain procedural rules with respect to domestic relations orders to provide guidance to plan administrators when making QDRO determinations. “Implicit in these procedural rules, and in their underlying purpose to provide rational rules to guide plan administrators, is the requirement that a domestic relations order be presented to the plan administrator and adjudged ‘qualified’ before any distribution is made by the plan to the spouse or former spouse.” Rodoni v. Commissioner, 105 T.C. 29, 36 (1995). The New Jersey court entered the divorce judgment with respect to petitioner and Ms. Bougas. The divorce judgment waived any right, title, or claim by Ms. Bougas to petitioner’s IRA account. The divorce judgment relates to marital property rights of petitioner and Ms. Bougas pursuant to the domestic relations laws of New Jersey. The divorce judgment is therefore a domestic relations order under section 414(p)(1)(B). However, the divorce judgment did not effectively create or recognize Ms. Bougas’s right as an alternate payee to receive any portion of petitioner’s IRA, nor did it award Ms. Bougas anyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011