- 16 - because section 402(e)(1)(A) treats the alternate payee as the distributee. The Retirement Equity Act of 1984 (REA 1984), Pub. L. 98- 397, sec. 204(b), 98 Stat. 1445, added section 414(p), which defines a QDRO. Section 414(p) provides, in pertinent part, the following: SEC. 414(p). Qualified Domestic Relations Order Defined.-- For purposes of this subsection and section 401(a)(13)-- (1) In General.-- (A) Qualified domestic relations order.--The term “qualified domestic relations order” means a domestic relations order-- (i) which creates or recognizes the existence of an alternate payee’s right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and (ii) with respect to which the requirements of paragraphs (2) and (3) are met. (B) Domestic Relations Order.-–The term “domestic relations order” means any judgment, decree, or order (including approval of a property settlement agreement) which-- (i) relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant, and (ii) is made pursuant to a State domestic relations law (including a community property law). Prior to the enactment of the Retirement Equity Act, some courts had held that State law domestic support orders assigning orPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011