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Joinder of Employee Benefit Plan

by Madeline Hill | Oct 25, 2013 | General QDRO Info

What is a Joinder of Employee Benefit Plan?

“Joinder” is a legal process that names a third-party claimant to a divorce case and notifies the retirement plan that a former spouse has a right to a portion of an employee’s benefits. A joinder is completed by filing various joinder forms with the court, serving the joinder forms on the retirement plan administrator, and the retirement plan administrator filing a response to the joinder. The Judicial Council joinder forms can be found on the California Courts website.

When Are Joinders Required?

Joinders are required by most state, county, public school or university, or public agency retirement plans. Some plans that require joinders are California State Teachers’ Retirement System (CalSTRS), the University of California Retirement System (UCRS), and various county and city employee benefit plans (such as SDCERA, SDCERS, OCERS, LACERA, LACERS, ICERS, KCERA, and SBCERA, just to name a few). The easiest way to determine if a joinder is required for your retirement plan is to ask your retirement plan administrator. A summary of the types of plans that require joinders can also be found here. Joinders are never utilized when dividing federal government plans, or many ERISA governed plans.

When Should I Have a Joinder Prepared?

A joinder should be filed with the court as soon as possible after the Petition for Divorce (FL-100) has been filed and the parties are aware of retirement benefits that will need to be divided. A joinder will typically cause the retirement plan to place a hold or freeze on the employee’s account until the plan administrator receives a Domestic Relations Order (DRO), Qualified Domestic Relations Order (QDRO), or other court order dismissing the joinder. A hold will typically mean that an employee cannot retire and begin receiving benefit payments, or take any loans or distributions, until the hold is lifted by the plan administrator. Therefore, joinders are very effective in ensuring that assets remain frozen until a divorce is completed and a court order regarding the division of those benefits is entered with the court.

Need Help With A Joinder of Employee Benefit Plan? $200 Flat Fee Joinder Preparation

If you have questions about joinders for employee benefit plans due to your California divorce or legal separation, or if you would like help in filing a joinder, please call QDRO Helper at (619) 786-QDRO / (619) 786-7376. We offer joinder services for a $200 Flat Fee per retirement plan; please see our Fee Schedule for details. You can also request information by sending an email to info@qdrohelper.com. We proudly assist clients throughout the United States as long as the divorce or legal separation took place in California.

DISCLAIMER: ADVERTISEMENT. Any legal information on this blog has been prepared by QDRO Helper for informational purposes only and is not legal advice and does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The information provided is intended to comply with Rule 1-400 of the California Rules of Professional Conduct. Any links in this website are included only to help you locate other Internet resources that may be of interest to you; QDRO Helper is not associated with any such links. The transmission and receipt of information contained on this website via the Internet or e-mail or in any other manner does not constitute or create an attorney-client relationship, and you should not act on the information contained herein without obtaining legal counsel. QDRO Helper has a strict policy of entering into attorney-client relationships with its clients only though the execution of a written fee agreement acknowledged by QDRO Helper. As such, you should not send QDRO Helper any confidential information in response to this web page until such a relationship is established and expressly acknowledged by QDRO Helper.

SDCERA & Divorce: SDCERA DROs Explained

by Madeline Hill | Jul 25, 2012 | General QDRO Info, Public Employee Plans, SDCERA

The San Diego County Employees Retirement Association (SDCERA) has very specific guidelines regarding how to divide SDCERA benefits during divorce, pursuant to a Domestic Relations Order (DRO). Generally, a member’s spouse will have a community property interest in SDCERA benefits if the member worked for the County of San Diego during the parties’ marriage. As soon as a legal separation or marital dissolution action is filed, the parties should notify SDCERA in writing, especially if the nonmember believes that he/she has a community property interest in the member’s benefits.

Joinder Requirement

Joinder is the legal process that names a third-party claimant to a court case. SDCERA requires a joinder to be filed and served on the plan before a Domestic Relations Order can be implemented. Joinder is the first step in obtaining an Order to divide SDCERA benefits. Joinder also notifies the plan of the nonmember’s interest and will ensure that the member cannot begin receiving payments until a DRO is in place or until the joinder is withdrawn.

The Domestic Relation Order (DRO)

A Domestic Relations Order is a document that is signed by all parties and a judge which identifies how retirement plan benefits should be divided. To be accepted by SDCERA, the DRO must meet certain legal requirements and comply with the terms of the retirement plan.

SDCERA Methods of Division

The methods of division available for SDCERA depend on the employee spouse’s (or member’s) status, i.e. whether the person is already retired or not.

Active and deferred (i.e. non-retired) members have two options for division of the member’s account: 1) Separate Account Method or 2) Shared Payment Method. With the Separate Account Method, the member’s service credit and contributions are divided into two separate accounts – one for the member, and the other in the name of the nonmember spouse. When the parties choose the Shared Payment Method, separate accounts are not created; instead, the nonmember receives a portion of each payment made to the Member after retirement. The other differences between these methods are summarized in the chart below.

	SEPARATE ACCOUNT METHOD	SHARED PAYMENT METHOD
Retirement date & receipt of benefit payment	Each party decides independently when to apply for retirement and begin receiving monthly benefits from his/her account.The nonmember can retire either when he/she reaches the minimum age and service requirements to retire or when the member meets said requirements.	The parties begin receiving benefits when the member retires.
Payment Options	Both parties make independent benefit payment option elections.Nonmember can choose to receive a refund of the member’s accumulated contributions, plus interest, instead of a monthly benefit.	Member MUST select Option 4 and name nonmember as a beneficiary, which provides the nonmember with a lifetime benefits based on his/her percentage interest in the member’s benefits. Nonmember will receive monthly benefit payments.
What happens when either party dies PRIOR to retirement?	On the member’s death, standard death benefits are available based on the years of service remaining in the member’s account.On the nonmember’s death, his/her beneficiary receives a refund of accumulated contributions.	The nonmember will receive his/her community property percentage interest in the death benefits for life.The member can name another lifetime beneficiary (incl. a new spouse) for the remaining portion of benefits.Note: Many of these options will require an actuarial reduction in benefits.
What happens when either party dies AFTER retirement?	The continuance of benefit payments to the member’s or the nonmember’s beneficiaries depends on the option selected at retirement.	When the member dies, nonmember’s benefit will not be affected by the member’s death. Further, member can name an additional beneficiary for member’s remaining interest.When the nonmember dies the benefits will stop unless an actuarial reduction was made for nonmember’s benefits to continue to member or another beneficiary.

Whatever method of division is chosen, the nonmember generally receives his/her community property interest of the benefits, i.e. he/she will receive one half of the contributions made from the date of marriage through the date of separation. However, benefits earned during the marriage do not have to be split this way, and the parties or court can decide on any other division possible under the terms of the plan.

Retirement Benefit Division for Dissolution of Domestic Partnership

Pursuant to Assembly Bill 205, which extends the rights and duties of marriage to individuals registered as domestic partners, SDCERA will allow a division of a member’s account due to the dissolution or legal separation of domestic partnership.

Request for Estimate / Statement of SDCERA Account Due to Legal Separation or Marital Dissolution

The contents of a member’s file are confidential and can only be provided to the member or the member’s authorized representative. In order for the nonmember to receive information about the Member’s account, SDCERA must be joined to the action, and either i) a subpoena duces tecum must be served or ii) the member must provide SDCERA with a written authorization to release information to the nonmember or the nonmember’s attorney. SDCERA has a release form that will allow the nonmember to receive an estimate/statement of account due to legal separation or marital dissolution. The form must be signed by the member, and can be obtained by calling SDCERA at 1-888-473-2372.

Need help?

If you need assistance with an SDCERA DRO and/or joinder, please call QDRO Helper at 619-786-7376 today!

DISCLAIMER: Any legal information on this blog has been prepared by QDRO Helper for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Note that sending an e-mail to QDRO Helper does not create an attorney-client relationship, and none will be formed unless there is an express agreement between the firm and the individual.