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May plan administrators provide parties with a model form or forms to assist in the preparation of a QDRO?
Yes. Although they are not required to do so, plan administrators may develop and make available “model” QDRO forms to assist in the preparation of a QDRO. Such model forms may make it easier for the parties to prepare a QDRO and reduce the time and expenses associated with a plan administrator’s determination of the qualified status of an order. Examples of sample language that may be included in such forms are provided in Appendix C.
Plan administrators are required to honor any domestic relations order that satisfies the requirements to be a QDRO. In the view of the Department, therefore, a plan may not condition its determinations of QDRO status on the use of any particular form.
Plan administrators are required to honor any domestic relations order that satisfies the requirements to be a QDRO. In the view of the Department, therefore, a plan may not condition its determinations of QDRO status on the use of any particular form.