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THE ERISA COMMITTEE

<nobr>Jun 11, 2010</nobr>

DOL Releases Final Rule on Pension Distributions under Qualified Domestic Relations Orders

The Department of Labor on June 10 published in the Federal Register a final rule regarding certain requirements for qualified domestic relations orders (QDROs) under ERISA. The final rule is effective August 9, 2010.

The guidance finalizes an interim final rule published on March 7, 2007, which was adopted in response a statutory directive contained in section 1001 of the Pension Protection Act, requiring the Labor Secretary to issue regulations clarifying that a domestic relations order otherwise meeting ERISA's QDRO requirements would not fail to be treated as a QDRO solely because of when it is issued or because it is issued after, or revises, another domestic relations order.

The rule includes examples to address various circumstances involving the timing of a domestic relations order.

Questions or comments on this issue should be addressed to Kathryn Ricard (kricard@eric.org).
Websites:

DOL Final Rule


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