Procedure for enforcing a QDRO against a retirement plan if the QDRO is processed incorrectly

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In the event that an Alternate Payee or Participant affected by a QDRO believes that the Plan Administrator has processed the QDRO incorrectly, the proper ERISA procedure should be followed to first object to the QDRO, make an official claim for benefits, and ultimately pursue federal litigation under ERISA.

A QDRO can be processed incorrectly in a variety of ways such as refusing to honor the QDROs provisions regarding the form of benefit, timing of benefit commencement, or calculation of the ultimate benefit amount. The federal district court has subject matter jurisdiction on over such lawsuits pursuant to ERISA.

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