Suggested “QDRO” Language for Divorce Judgments
(to address the Roth and Quade decisions only, and not the actual division of the Plan)
It is the parties’ intent that Plaintiff and Defendant receive the same or as practically possible the same benefit options pursuant to the QDRO or EDRO to be entered, and to the extent permitted by the Plan or Fund to be divided, and either party may petition this Court if necessary to satisfy this provision, including but not limited to, requesting that the QDRO or EDRO be amended or modified as may be necessary to do so.
IT IS HEREBY ORDERED that Plaintiff/Defendant (specify) is specifically awarded the right to be designated, and is to be designated, as the pre-retirement and/or post-retirement surviving spouse for the full/marital share (specify) of surviving spouse benefits under the Plan and per the QDRO or EDRO to be entered.
IT IS HEREBY FURTHER ORDERED that Plaintiff/Defendant (specify) is awarded any pre-retirement and post-retirement increases, temporary increases, interim supplements and COLA increases on his/her share of the benefits.
IT IS HEREBY FURTHER ORDERED that Plaintiff/Defendant (specify) shall have the right per the QDRO or EDRO to be entered, and to the extent permitted by the Plan or Fund to be divided, to choose a benefit annuity based on his/her own lifetime, the option to receive benefits when the Plan or Fund Participant reaches early retirement age, and to choose any other benefit payment option available under the Plan or Fund, providing it does not adversely affect the Participant’s residual share.