New Labor Department Rules Allow QDROs Issued After Participant’s Death

The Department of Labor has issued new regulations, effective April 6, 2007, which clarify certain issues relating to domestic relations orders under ERISA. In particular, the new regulations allow a valid QDRO to be issued even after the participant has died. Plan administrators will need to change their QDRO procedures to the extent they are inconsistent with the new regulations.

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