Sample Defined Benefit Plan Separate Interest Qdro (Page 3 of 3) in pdf

8. Death of Alternate Payee. In the event of the Alternate Payee’s death prior to commence-

ment of benefits under the Plan, the Alternate Payee’s benefit shall be forfeited. In the event of the

Alternate Payee’s death after commencement of benefits under the Plan, benefits will be paid in

accordance with the form of benefit elected by the Alternate Payee at the time of commencement.

[Modification: The Order could provide that in the event of the Alternate Payee’s death prior to

commencement of benefits under the Plan, the Alternate Payee’s benefit will revert to the Partici-

pant, if such reversion is permitted under the terms of the Plan or the Plan’s QDRO procedures.]

9. Compliance with Applicable Laws. It is intended by the parties hereto that this Order

will qualify as a Qualified Domestic Relations Order under ERISA and the Code and that it will

be interpreted and administered in conformity with such laws. Nothing in this Order requires and

this Order will not be construed to require:

(a) The Plan to provide any type or form of benefits or any option not otherwise provided

for under the Plan;

(b) The Plan to provide increased benefits (determined on the basis of an actuarial value); or

payee under an order previously determined to be a Qualified Domestic Relations Order.

10. Taxation of Benefits. Amounts awarded to the Alternate Payee under the terms of this

Order will be payable directly by the Plan to the Alternate Payee. It is the intention of the parties

hereto that said payments will be taxable to the Alternate Payee under the provisions of Sections

72(m)(10) and 402(e) of the Code.

11. Retention of Jurisdiction. This Court shall retain jurisdiction to amend this Order only for

purposes of establishing or maintaining its qualification as a qualified domestic relations order and to

make such orders as it deems necessary to provide the Alternate Payee with all the benefits to which

the Alternate Payee is entitled hereunder, provided that no amendment of this Order shall require the

Plan to provide any type or form of benefit or any option not otherwise provided under the Plan.

12. Small Lump Sum Cash-Outs. If the present value of the Alternate Payee’s benefit at the

earliest benefit commencement date does not exceed $5,000, such present value will be paid to the

Alternate Payee in a single lump sum notwithstanding any provision of this Order to the contrary.

13. Mistaken Payment. If the Plan inadvertently pays to the Participant any benefit that is

assigned to the Alternate Payee under this Order, the Participant shall immediately reimburse the

Alternate Payee (to the extent that the Participant received such benefit) within ten days of re-

ceiving the Alternate Payee’s benefit.

14. Plan Termination. If the Plan is terminated, the Alternate Payee shall be entitled to

receive the benefit assigned to the Alternate Payee by this Order in accordance with the Plan’s

termination provisions for participants and beneficiaries.

15. Effect of Order. This Order shall remain in effect until the amounts to which the Alter-

nate Payee is entitled under the Plan is paid to or on behalf of the Alternate Payee.

__________________________________

Judge

APPROVED:

___________________________

Attorney for Alternate Payee

___________________________

Attorney for Participant

Sample Defined Benefit Plan Separate Interest Qdro Page 3