Monday, 9 June 2014

Can I ask a CA court to "override" a company's QDRO procedures for a court-ordered pension award? I.e., I was awarded 50 of my ex-husband's...

Question

Can I ask a CA court to "override" a company's QDRO procedures for a court-ordered pension award? I.e., I was awarded 50% of my ex-husband's pension plan, but the company's QDRO procedures state that: (1) I will not receive anything if the QDRO is not accepted and enforced before he passes and (2) I will no longer receive further pension payments once he passes.



Answer

The court cannot change the terms of the pension plan. You should contact the pension plan to see what options are available.



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