According to a Press Release (June 10, 2010), the U.S. Department of Labor has issued a final rule regarding certain requirements for qualified domestic relations orders (“QDROs”) under ERISA. The rule is being issued under the Pension Protection Act of 2006, which requires the Labor Department to issue regulations clarifying that a domestic relations order, which otherwise meets 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.
Published By Stanley D. Baum, New York ERISA attorney. Handling matters in ERISA, employee benefits, executive compensation, disability, and employment law for employers, individuals and unions.