Divorce and IPERS Benefits Qualified Domestic Relations Orders (QDROs)

Avoiding Common QDRO Mistakes

You and your attorney can avoid the most common mistakes by keeping these things in mind:

• Consider whether the QDRO should divide death benefits. If death benefits are not addressed in the order, the alternate payee has no right to them.
• Remember that IPERS is a governmental plan not subject to the Employee Retirement Income Security Act (ERISA). If you submit a QDRO tailored to meet ERISA requirements, it will fail.
• Remember to have your attorney contact IPERS' legal department and have them review your proposed QDRO. The legal department can help you avoid prohibited terms and conditions.
• Remember that a QDRO cannot require IPERS to pay a form of benefits not permitted under the Plan.
• Consider placing limits on the specific retirement options that you can elect, if some of the option choices would preclude the full implementation of the settlement agreement. For example, the alternate payee may be precluded from receiving death benefits if the QDRO permits you to choose a refund or a retirement option with no death benefit.
• Remember to use standard, unambiguous terms and formulas for dividing benefits.
• Remember to file a new Enrollment/Beneficiary Designation form with IPERS following the dissolution of marriage.
• Remember to review all the optional IPERS benefit features for possible inclusion in the QDRO. If your QDRO does not address an optional feature (e.g., dividends), the alternate payee has no right to it.
• You and your attorney should review all available IPERS
  background material.
• You and your attorney should obtain current benefits statements and estimates, which show the benefits available to you.