QDRO's and Present Value Calculation.
What is a QDRO?
Pension benefits are part of the community property assets accumulated during marriage. QDRO stands for Qualified Domestic Relations Order. A QDRO must be completed in order to fulfill the terms of the Marital Settlement Agreement and is the only way that a Plan Administrator can be directed to distribute funds to the Alternate Payee (ex-spouse). A QDRO instructs the Plan Administrator and an alternate payee how, when and how much benefits to distribute to an Alternate Payee according to the Plan provisions and the Marital Settlement Agreement or Judgment of Dissolution.
Who needs a QDRO?
You will need a QDRO if you are in the process of dividing the community property assets of your marriage and you were in one or several retirement plans during the marriage.
What is the process for a QDRO?
- Creating a draft: Your family attorney or you with the help of actuaries like us prepare a draft QDRO.
- Submission to Plan administrator: The draft QDRO is submitted to the Plan Administrator (as instructed in our cover letter that comes with the draft QDRO) to review and respond in writing whether they require any changes.
- Revisions: If there are any revisions needed, notify our office and we will make the changes without any additional cost.
- Signatures: You and your ex-spouse sign the QDRO in the presence of your attorney. If you are not represented by attorneys, your signature must be notarized.
- Filing with the Court: Your attorney will then file the QDRO with the court after it has been approved by the Plan and signed by you & your ex-spouse. If you are not represented by attorneys you must call the Clerk of the Court (in the county where the divorce took place) for instructions on obtaining the judge’s signature so it can be filed with the court. Keep a copy for yourself.
- Final step: Your attorney or you will send the certified QDRO to the plan administrator who contacts the Alternate Payee (your ex-spouse) confirming that the QDRO is in place. This completes the QDRO process.
How to Start the QDRO process?
- Request a copy of the QDRO Work Request Form by email: qdro@cac123.com or call CAC at 925.321.6540
- Return the completed the QDRO Work Request Form to our office, providing all information requested. We will contact you if we need more information.
- We will begin work as soon as we receive payment in advance for the full cost of the QDRO(s). Only attorneys who have signed the work order form may be billed after the work is completed.
What is a Present Value Calculation?
A Present Value Calculation, or PVC, is the present value of the expected pension benefits as of a specific date. It is used in settlement negotiation when the non-employee spouse’s portion may be bought out.
- Request a copy of the PVC Work Request Form by email: PVC@cac123.com or call CAC at 925.321.6540.
- Return the completed the PVC Work Request Form to our office, providing all information requested. We will contact you if we need more information.
- We will begin work as soon as we receive payment in advance for the full cost of the QDRO(s). Only attorneys who have signed the work order form may be billed after the work is completed.
What are your fees?
Our fees vary depending on the task that is requested. A copy of our current fee schedule can be downloaded at the following link: Fee Schedule
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