Laura D. Seidel - Page 16

                                       - 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 or                






Page:  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