QUESTION

How long can a pension plan administrator hold up my pension payments while researching for a QDRO?

Asked on Jun 10th, 2014 on Divorce - Illinois
More details to this question:
I retired on March 26, 2014. I was married almost 10 years and I have been divorced for 11 years and have not remarried. My divorce decree states regarding my pension that a "QDRO will be submitted" but doesn't say which party was to take that action. A QDRO was never drawn up by either of us. I am the defendant. My company's pension plan administrator says they are holding my pension payments until they can determine if there is a QDRO. I should have received 5 pension checks by this time and I have received nothing. I currently have no income. How long can the plan administrator make me wait until they pay me? Is there any action I can take? Are they going to contact my ex? My ex currently has not taken any action to file a QDRO even though this person knew I was retiring and that I have retired.
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1 ANSWER

If there is supposed to be a QDRO, while normally the person who is going to receive the QDRO benefits is the one who submits the QDRO, it would seem to make sense for you to submit the QDRO so you can begin to receive the appropriate benefits. The plan is acting appropriately to protect themself from claims of your ex. Get the appropriate QDRO done.
Answered on Jun 10th, 2014 at 7:09 PM

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