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  1. #1
    Join Date
    Apr 2005
    Location
    Sacramento,ca
    Posts
    21

    Default No QDRO Ever Filed Due to Pension Paperwork Snafu

    My friend was married in California from 1976-1983. The divorce papers state "courts retain jurisdiction over his retirement."(Calpers)&... They have had no contact since 1983, no QDRO had been filed, and no request had been made for her half of the pension.
    No division was ever made...the divorce papers state only that "courts retain jurisdiction over his retirement."

    His retirement date is 12/31/09. Down to the wire. He just recieved a letter from CalPers Community Property Unit stating they recieved the Marital Settlement Agreement but that it didn't stipulate . They said they need a "filed Order" that determines the specific nature of and extent of her community property interest. The rest of the packet has to do with methods of division. Does anyone have any comment on this or any explaination of what this all means? Could it simply be a case of going to the county records and having them fill out forms or is this more involved than that?


    He's been with Pers 38 years. He's concerned that this would be an involved proceedure that would hold up him recieving his retirement benefits. I was under the impression that it's the spouses responsability to file a QDRO and that if it isn't filed she would not recieve anything. I didn't think that the pension administrator would require him to file for her; unless the fact that the court retains jurisdiction over the retirement influences it.
    If there was no formal division, no QDRO, what does the fact that the "court retains jurisdiction" mean and how can he get an order if she never filed for anything? Is even he reqired to get an order for her?

    It seems a little confusing. Does anyone have a little insight?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No QDRO Ever Filed Due to Pension Paperwork Snafu

    When a court retains jurisdiction over something, it retains the right to make future rulings relating to that matter.

    Have your lawyer draft a QDRO consistent with the divorce judgment, notice it for entry, and get it served on the plan administrator ASAP. As you've noted, you don't have time to play games - it may not be possible to get a QDRO in place after the pension goes into pay status. If your lawyer's office is open today, this is a good time to call. If not, first thing Monday.

  3. #3
    Join Date
    Apr 2005
    Location
    Sacramento,ca
    Posts
    21

    Default Re: No QDRO Ever Filed Due to Pension Paperwork Snafu

    Isn't it his ex wife's responsibility to contact a lawyer and have a QDRO drafted since it is she who should be requesting the rights to her share of the retirement?? Shouldn't CalPers be contacting her?

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