Legal Question in Family Law in Florida

Hello, I'm in the state of Florida. My question has to do with a Separate Interest QDRO.
In the (Commencement of Benefits) section of the QDRO it states "The assigned benefit is to be paid over the life of the Alternate Payee. The Alternate Payee may elect commencement of her assigned Benefit at the earliest date at which the Participant may commence benefits, but no later than when the Participant commences receipt of benefits"
The earliest date at which the Participant could have commenced benefits was 10/01/2014. On that date the Participant attained 30 years employment and on that date the Participant was 53, his earliest retirement age. He chose continue to work going for 35 years. The Participant is working. (same company)
My question is, can someone interpret the (Commencement of Benefits) section of the QDRO as meaning the Alternate Payee can not elect commencement of her assigned benefit until the Participant terminate employment? My interpretation is different.
Thank you,
LJ

Asked on 1/18/18, 4:58 am

Lucreita Becude Lucreita D. Becude, P.A.

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Your company drew up the policies and procedures for this plan. You need to speak to them on this issue.

Answered on 1/18/18, 7:19 am

Robert McCall Law Office of Robert McCall

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Cannot speculate as to answer without a complete document review. Recommend you speak with a HR specialist at the employer or a local attorney.

Answered on 1/19/18, 6:32 am

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