E. Divorce or Support Orders
If your marriage ends, your former spouse may be entitled to a portion or all of the benefits you earned while you were married as part of a court order in your marital dissolution proceeding.
The Plan is required to comply with a court order that awards a portion or all of your pension to a former Spouse, child or other dependent that meets the requirements of a qualified domestic relations order ("QDRO"), as defined in ERISA. A QDRO is an order that creates or recognizes the existence of a former Spouse or child's right to receive all or a portion of your benefits. An order must contain the name, address, and date of birth, of both the Participant and Spouse, identify the dates of marriage and separation, specify the amount or a formula for determining the Spouse's benefit, specify when benefits may start and when they terminate, among other information.
When you file your pension application, you are required to provide the Plan Office with information on any pending or prior divorce action. This includes a final or interlocutory judgment, marital settlement agreement and any related document.
If you are involved in a divorce, you should request the Plan's procedures for handling domestic relations orders which includes a sample order. You or your attorney (or your Spouse or her attorney) should submit any proposed QDRO to the Plan Office prior to submission to a court. In that way, the Plan can provide guidance on any required changes.
Under federal law, the Plan must review divorce orders to determine whether they satisfy legal requirements. The Plan does not examine the fairness of your property settlement. You and your spouse are each responsible for protecting your own interests when you agree to any QDRO.
Upon request, you may obtain a copy of the Plan’s procedure for processing of QDROs from the Plan Office.
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