Legal Question in Family Law in Oregon
How long does an employer have to implement a QDRO which has been signed and filed by the Court and received/acknowledged by the employer?
1 Answer from Attorneys
The applicable federal law, 26 USC � 414(6)(A), says that, in the case of any domestic relations order received by a plan, within "a reasonable period" after receipt of such order, the plan administrator shall determine whether such order is a qualified domestic relations order and notify the participant and each alternate payee of such determination.
Exactly how much time constitutes "a reasonable period" is not defined in the QDRO law but most experienced QDRO lawyers would say that anything within 18 months would be "reasonable." My own experience has been the the plan administrator will usually approve (or advise of rejection) of a certified copy of a Domestic Relations Order anywhere from one month to six months after submission. Even sooner is a draft of the DRO had been submitted to the plan administrator prior to finalization.
Need more help. I am available to assist with QDRO drafting and processing. This is the bulk of my law practice. Just give me a call.
LAWRENCE D. GORIN
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