Qualified Domestic Relations Order. A QDRO is a signed Domestic Relations Order issued by a State Court which creates, recognizes or assigns to an alternate payee(s) the right to receive all or part of a Participant's Plan benefit and which meets the requirements of Code Section 414(p). An alternate payee is a Spouse, former Spouse, child, or other dependent who is treated as a beneficiary under the Plan as a result of the QDRO.
Qualified Domestic Relations Order. Regulation..........................................................................................
Qualified Domestic Relations Order. In the case of a Custodial Account that is part of an "employee pension benefit plan" under ERISA, the Custodian shall make distributions in accordance with the terms of a "qualified domestic relations order" as defined in Section 206(d) of ERISA, provided that the Employer (or its duly appointed plan administrator) shall be responsible for determining the qualified status of the order and distribution shall be made by the Custodian only upon receipt of written direction from the Employer (or its duly appointed plan administrator) that the order is a "qualified domestic relations order" for purposes of ERISA.
Qualified Domestic Relations Order. In the event that a Qualified Domestic Relations Order mandates the transfer of any Option that could have been exercised immediately prior to the issuance of such order, such Option shall pass to the Domestic Relations Successor, and shall be exercisable by such person or persons in accordance with the terms of the applicable Option Agreement.
Qualified Domestic Relations Order. 36 13.8. Top Heavy Plan.................................................................................36 (a) Determination of Top-Heavy Status.....................................................36 (b) Special Top Heavy Plan Rules..........................................................38 Appendix A.......................................................................................................40 Appendix B.......................................................................................................44 Appendix C.......................................................................................................46 LODGIAN, INC. 401(K) PLAN AND TRUST AGREEMENT AS AMENDED AND RESTATED EFFECTIVE AS OF JANUARY 1, 2002 (EXCEPT AS OTHERWISE PROVIDED)
Qualified Domestic Relations Order. In accordance with uniform and nondiscriminatory procedures established by the Plan Administrator from time to time, the Plan Administrator will, upon the receipt of a domestic relations order that seeks to require the distribution of a Participant's Account in whole or in part to an alternate payee (as defined in Code ss. 414(p)(8)),
(a) promptly notify the Participant and alternate payee of the receipt of the order and of the procedure that the Plan Administrator will follow to determine whether the order constitutes a qualified domestic relations order (within the meaning of Code ss. 414(p));
(b) determine whether the order constitutes a qualified domestic relations order, notify the Participant and the alternate payee of the results of its determination and, if the Plan Administrator determines that the order does constitute a qualified domestic relations order;
(c) transfer any amounts that the Plan Administrator determines necessary or appropriate from the Participant's Account to a special account for the alternate payee; and
(d) make any distributions to the alternate payee from the special account that the Plan Administrator deems called for under the terms of the order in accordance with Code ss. 414(p). Unless otherwise provided in the order, an alternate payee's special account shall be distributed as soon as practicable after the account has been established in a lump sum, without regard to whether a distribution would be permissible at that time to a Participant under the terms of this Plan. Unless otherwise provided in the order, if an alternate payee dies before his or her special account is paid in full, the balance in the account will be paid to the person designated by the alternate payee as his or her Beneficiary or, if no Beneficiary designation is made, to the alternate payee's estate.
Qualified Domestic Relations Order. A court order in a marital dissolution or similar proceeding that meets the requirements of Code section 414(p).
Qualified Domestic Relations Order. A qualified domestic relations order approved by the Administrator in accordance with Section 10.12.
Qualified Domestic Relations Order. Notwithstanding the prohibitions contained in subparagraph (a), all or a portion of Employee’s benefit under this Agreement shall be paid to one or more Alternate Payees in accordance with the terms of a Qualified Domestic Relations Order. For purposes of this Agreement:
Qualified Domestic Relations Order. If the Plan accepts Qualified Domestic Relations Orders (“QDROs”), Plan Sponsor Directs Empower to complete an administrative review of all Plan Sponsor-approved QDROs submitted on or after the Schedule Effective Date, to ensure that Empower can determine the amount of the alternate payee’s award, mailing address, and social security number. Empower will establish an alternate payee account or process a distribution pursuant to the terms of the QDRO, the Plan, and/or the Code requirements in effect on the date of the distribution, and a distribution request received in good order and in a manner satisfactory to Empower. Plan Sponsor Directs Empower to determine the amount payable to the alternate payee based solely on the Participant account records on Empower’s recordkeeping system.
