Читать книгу Rightfully Yours - Gary A. Shulman - Страница 51

If your attorney is pursuing a QDRO on your behalf, he or she should send an immediate notice to the plan administrator (or even a first-draft, nonexecuted QDRO) to put it on notice of a pending QDRO. A nonexecuted QDRO is one that is not yet signed by the judge — it’s still in draft form. Even if the draft QDRO is deemed not to be qualified, the plan administrator may still withhold the called-for portion to be payable to you pending the submission of a certified order. If your ex-husband is still actively employed, the company may flag his pension file to prevent him from making a sudden, premature distribution, loan, or withdrawal that would be detrimental to you. However, to really help secure your future rights to a share of the benefits, it is usually better to send a certified copy of the QDRO rather than a draft copy. A certified copy is one that is already executed by the court and shows the judge’s signature. If a certified copy is sent, the plan administrator will be required to suspend or withhold the alternate payee’s called-for portion of the benefits, even if the QDRO is otherwise deficient. This is especially important if your ex-husband is already retired or thinking about retiring in the near future.