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Oregon Sample Letter to Pension Plan Administrator regarding Division of Plan Proceeds per Court Order

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Multi-State
Control #:
US-0500LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Plan Administrator's Name] [Pension Plan Administrator] [Company Name] [Address] [City, State, ZIP Code] Subject: Division of Plan Proceeds per Court Order Dear [Plan Administrator's Name], I am writing this letter to bring to your attention an important matter concerning the division of plan proceeds in accordance with a court order. As a participant in the [Name of Pension Plan], I am obligated to ensure that the division of plan proceeds is carried out correctly, following the court's instructions. As you may be aware, a court order has been issued regarding the division of assets and plan proceeds in relation to a marital dissolution case that involves the [Plan Participant's Name] and [Spouse's Name]. This court order holds significant relevance to the distribution of plan assets and requires compliance from all parties involved, including the pension plan administrator. In accordance with the court order dated [Date of Court Order], the division of plan proceeds is outlined as follows: 1. [Specific instructions on the division of plan proceeds] It is imperative that the pension plan administrator adheres to the court order and ensures that the division of plan proceeds is carried out accurately, transparently, and in a timely manner. I kindly request your assistance in ensuring that the necessary steps are taken to facilitate the transfer of the appropriate amount to the designated recipient, as specified in the court order. Please note that failure to comply with the court order may result in legal consequences for both the pension plan administrator and the plan participant. I have enclosed the necessary documentation, including a certified copy of the court order and any additional supporting documentation to assist in processing the division of plan proceeds. I kindly request that you review these documents promptly and provide acknowledgement of receipt. Should you require any further information or clarification regarding this matter, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Thank you for your attention to this matter, and I trust that you will give it due consideration and take the necessary actions in compliance with the court order. Yours faithfully, [Your Name]

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FAQ

The time it takes to receive funds from a QDRO (qualified domestic relations order) can vary widely based on several factors. You can typically expect the entire process to take between six and eight months, but it can be as fast as two months or take as long as two years or more.

A spouse or former spouse who receives QDRO benefits from a retirement plan reports the payments received as if he or she were a plan participant. The spouse or former spouse is allocated a share of the participant's cost (investment in the contract) equal to the cost times a fraction.

Depending on your state's laws, marital assets are usually divided equally between spouses in a divorce. Therefore, pension funds that qualify as marital property are usually split evenly between divorcing spouses. The exception to this rule would be if you have a valid prenuptial agreement in place.

As noted above, in order to divide the plan, a QDRO/DRO must be prepared, signed by the Judicial Officer in your case and served on the Pension/Retirement plan. Usually this happens at the time of trial or the final Judgment, but it can be completed later.

Receiving funds from a QDRO can take between two to five weeks after everything has been processed and approved. There are situations where it may take longer, but those are rare.

QDRO/DRO ?Qualified Domestic Relations Order (QDRO) or Domestic Relations Order (DRO). If the pension/retirement plan is going to be split between the parties, a special order must be prepared to divide the plan?either a QDRO or a DRO.

In order to gain access to a percentage of your pension, your spouse would have to specifically ask for their share at the time of the divorce ? not at the time of your retirement. This is done via a court order called a qualified domestic relations order (QDRO).

Generally, an alternate payee is entitled to a distribution from the plan at the same time the participant is eligible for a distribution. However, the QDRO may allow for an immediate payment from the plan.

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Oregon Sample Letter to Pension Plan Administrator regarding Division of Plan Proceeds per Court Order