Qualified Domestic Relations Order Page 4

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14.
Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to
qualify as a QDRO, as it may be amended from time to time.
15.
Tax Treatment of Distributions Made Under This Order: For purposes Sections 402(a)(1) and 72 of
the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of
the Participant shall be treated as the distributee of any distribution or payments made to the Alternate
Payee under the terms of this Order, and as such, will be required to pay the appropriate federal
income taxes on such distribution.
16.
Parties Responsibilities in Event of Error:
In the event that the Plan inadvertently pays the
Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order,
the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has
received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10)
days of receipt.
In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the
sole property of the Participant pursuant to the terms of this Order, if the Participant has experienced a
distributable event under the terms of the Plan, the Alternate Payee shall immediately reimburse the
Participant to the extent that the Alternate Payee has received such benefit payments by paying such
amounts directly to the Participant within ten (10) days of receipt.
If the Participant has not
experienced a distributable event under the terms of the Plan, the Alternate Payee shall immediately
return such overpayment to the Plan within ten (10) days of receipt.
17.
Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled
to receive his or her portion of the Participant’s benefits as stipulated herein in accordance with the
Plan’s termination provisions for participants and beneficiaries.
18.
Continued Jurisdiction:
The Court retains jurisdiction over this matter to amend this Order to
establish or maintain its status as a qualified domestic relations order, as amended and the original
intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further
orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth
herein.
19.
Fee: A processing fee of $400.00 shall be charged one-half ($200.00) against the Alternate Payee’s
share/account and one-half ($200.00) against the Participant’s remaining account. In the event that
the Alternate Payee is awarded 100% of the Participant’s account balance as of the date this Order is
processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee’s
account/share. If there are not sufficient funds in either party’s account to pay that party’s respective
share of the fee, the difference shall be charged to the other party.
BY THE COURT:
……………………………………….
JUDGE
………………………………………….
Petitioner
………………………………………….
Respondent

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