CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Division
.........Retirement Equity Act - QDRO
............Qual. Dom. Relation Orders (QDRO)
9 Cards On This Topic:

Qualified Domestic Relations Order (QDRO) defined.

Pension plan must honor QDRO obtained after participant's death establishing right of mother of deceased participant's children to ERISA plan benefits.

Defects in marital dissolution order language not fatal to its qualifying as QDRO.

W had standing because, by failing to perform fiduciary duties under ERISA, Ds denied W opportunity to protect her rights and interests as alternate payee.

Cal. courts have concurrent jurisdiction to decide whether superior court's order assigning retirement benefits to nonemployee spouse is a QDRO.

Plan participant’s benefits vest in current W on retirement; if former W fails to obtain QDRO before ex-H’s remarriage, she’s forever barred from acquiring interest in pension plan.

Cal. courts have subject matter jurisdiction to decide whether super. ct.'s order assigning retirement benefits in divorce is a QDRO.

State and federal courts have concurrent jurisdiction to review administrator's determination that order is not a QDRO.

Order does not qualify as QDRO where successor in interest is not an alternate payee in meaning of ERISA.