Payment of Benefits Under Union Employee Benefit Plans with a Qualified Domestic Relationship Order {QDRO}

Union Benefit Plans

Union pension plans are different from single-employer or other corporate pension plans.  They are administered jointly by an equal number of employer and union representatives.  The "equal representation" requirement is mandated by the Labor Management Relations Act of 1947 (LMRA) 29 USC Sections 121-187.  The LMRA is commonly referred to as the Taft-Hartley Act, and union plans are known as "Taft-Hartley plans."

One primary difference between union plans and corporate plans is that union plans are often administered by third party administrators, rather than the human resources department of a corporation. This is especially true in "multiple employer" pension plans in which multiple employers are involved with the pension plan.

Process of QDRO Administration

Most Union pension plans, like most corporate plans, have now developed sample orders and procedures for administering domestic relation orders. Unlike most single-employer pension plans, however, union pension plans often retain outside legal counsel to handle the QDRO review and approval process.

Joinder of Plan
The initial step is for counsel to send a joinder request to the plan office.  The employee or the non employee spouse may have the the necessary contact information.  Additionally, the employee's local union office will help locate the plan office.

The Judicial Council has developed an informational form describing the types of plans that can be joined to a family law proceeding, entitled to Retirement Plan Joinder FL-318-INFO

For more information on your rights as a non-employee spouse or an employee spouse, contact a family law attorney regarding your rights to union benefit plans as these are complex issues that if handled incorrectly could cause financial losses to one or both parties. 
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