QDRO - Qualified Domestic Relations Order Status

[KC Craddock EBE]

Dear Counselor:

Please note that several Qualified Domestic Relations Orders we submitted
recently to various City, County and 
Government Employers, which protect the Alternate Payee's retirement
benefit from loss in the event of the Participant's 
death, are requiring removal of the protective language unless the Final
Judgment (or accompanying marital settlement type 
document) includes specific language which awards the Alternate Payee with
protection of the marital portion of retirement 
benefits if the spouse dies before they receive their full benefit.

Some States are considering valid our 'Court Order for Entry of the QDRO,'
which obligates the Participant to elect the 
death protection for the spouse, even if it is entered after the Final
Judgment.  However, other States are only accepting 
the language in the 'Court Order for Entry of the QDRO' if it is entered
prior to, or in tandem with, the Final Judgment.

Please call us and provide your fax number to receive another copy of our
Sample Marital Settlement Agreement language 
which protects the Alternate Payee from loss of benefits in death and from
losses associated with the participant taking 
loan(s) and other distributions from their benefit plans.

We expect ERISA employers to follow the example of the ERISA-exempt
government organizations because of the costs 
associated with administering death protection for the spouse.  For this
reason, we recommend that you submit all request 
for QDROs (or non-ERISA equivalent type Orders) to us at least 10 business
days (our turn-around time) before the case is 
schedule for entry of the Final Judgment.

Best Regards,

LEGAL DYNAMICS, INC.

K.C. Craddock, EBE
Toll Free: 800-565-8067
Phone: 407-893-6445
Fax: 407-896-4465

Our Standard Intake and Credit Card Acceptance Form is now accessible via
our website @ legaldynamics.com (family law 
attorneys will need to contact us via phone to obtain the code for the 25%
attorney direct QDRO discount).