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Will the Department of Labor issue advisory opinions on whether a domestic relations order is a QDRO?
No. A determination of whether an order is a QDRO necessarily requires an interpretation of the specific provisions of the plan or plans to which the order applies and the application of those provisions to specific facts, including a determination of the participant’s actual retirement benefits under the plan(s). The Department will not issue opinions on such inherently factual matters.
Reference: [See ERISA Procedure 76-1, 41 Fed. Reg. 36281 (1976) (Appendix B)]
Reference: [See ERISA Procedure 76-1, 41 Fed. Reg. 36281 (1976) (Appendix B)]
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