IPERS Member Handbook

IF YOU DIVORCE

If you have divorced or are divorcing, it’s important that you read this section of the handbook. It’s also important that you contact IPERS to find out how divorce may affect your benefits, and what legal documents may be required.

A. Qualified Domestic Relations Orders

A Qualified Domestic Relations Order (QDRO) is a special court order that individuals obtain in divorce that specifies how their pension assets will be divided. Here are three things to keep in mind:

• A QDRO is not an alimony award.
• A QDRO is not always necessary in situations of divorce. If you and your spouse or former spouse can agree to divide other marital property equitably, then IPERS benefits may not need to be divided, and there may not be a need for a QDRO.
• An IPERS QDRO must be a final judgment, decree, or order that has been qualified by IPERS. If an order has not been signed by a duly appointed judicial official and filed in accordance with applicable laws and procedures, the order may be a domestic relations order, but it is not an IPERS QDRO. An IPERS QDRO must satisfy the requirements of Iowa Code Section 97B.39 and 495 Iowa Administrative Code 16.2 (97B).

B. Designating a Beneficiary When a Divorce Is Involved

If you have a qualified QDRO on file with IPERS that explicitly divides your death benefits, you must designate the appropriate beneficiary according to the terms of the order. If your ex-spouse is awarded a portion, but not all, of your death benefit, you must also designate who will receive the balance of the death benefit.

C. Sample QDRO

IPERS does not generate QDROs or other divorce documents; however, IPERS has prepared a model QDRO for you to complete with your legal representative. The model includes mandatory, permitted, and prohibited provisions, a summary of the legal requirements, and some practical pointers on how to draft an IPERS QDRO. Use of the model will help expedite review and acceptance of a proposed or final order. You may also read more about QDROs under Benefit Information, Divorce, on this Web site, or by contacting the IPERS office.