| 1 |
Does
the order contain the proper case style, date of marriage, dates
of birth, social security numbers, jurisdiction statement, IRC
and ERISA sections and language which establishes a QDRO? |
| 2 |
Does
the awarded percentage apply to the total accrued benefits (vested
and non-vested)? |
| 3 |
Is
the award based on an appropriate coverture fraction whereby
the numerator is the duration of the marriage and the denominator
is the participant’s total credited service as of the
date benefits become payable (often years later at retirement)? |
| 4 |
Is
the calculation date for the percentage award set as of the
date benefits become payable to ensure benefits aren’t
frozen as of the date of divorce without earnings for several
years? |
| 5 |
Is
there an actuarial adjustment provision to recalculate benefits
using the life expectancy of the alternate payee? |
| 6 |
Is
there an actuarial adjustment provision to recalculate benefits
in accordance with the form of benefit distribution elected
by the alternate payee? |
| 7 |
Does
the award include cost of living adjustments, subsidies, supplements,
interim supplements, and/or temporary benefits? |
| 8 |
If
the participant is disabled (or becomes disabled), does the
alternate payee receive a portion of the disability benefits? |
| 9 |
Is there an early commencement adjustment provision? |
| 10 |
Are
benefits credited under a predecessor and/or successor plan
covered by the order? |
| 11 |
Are provisions included permitting distribution or transfer
of benefits to the alternate payee as of the earliest date? |
| 12 |
Have
the provisions specified that the alternate payee shall retain
the right to elect a form of benefit distribution? |
| 13 |
If the alternate payee dies, do amounts revert to the participant
/ become payable to beneficiary(s) or estate / become payable
to contingent alternate payees (minor children)? |
| 14 |
Is
the alternate payee designated as the participant’s current
and surviving spouse for the maximum potential death protection? |
| 15 |
If
the participant dies, do benefits revert and become payable
as a 50% survivor annuity / a 100% survivor annuity? |
| 16 |
Do
the alternate payee’s benefits become protected by the
pension benefit guarantee corporation in the event of plan termination? |
| 17 |
Were constructive receipt provisions and other liability transfer
clauses removed? |
