Frequently Asked Questions
General
- Is my divorce decree sufficient to be considered a Court Order?
- Will my QDRO issued under Tribal Law be reviewed and considered acceptable for qualification purposes?
- How do I get the TSP's model language?
- Do I need to send in a copy of my divorce decree with my Court Order?
- Who is responsible for submitting the Court Order?
- How much will my ex-spouse be entitled to?
- Why do we need to provide the payee's date of birth and Social Security Number?
- I'm concerned about privacy issues. Do I have to include my Social Security Number and date of birth in the order?
- Is a filed stamp acceptable for court certification?
- How do I get the restriction removed from my account or benefit?
- How long does it take to receive a response after I send in my Court Order?
- What happens after my order is approved by the Court Order Center?
- I'm in the process of getting a Court Order for my ex-spouse's retirement plan. How do I change my address?
- What if I don't know my court information?
Defined Contribution
- Why is there a restriction on my defined contribution TSP account?
- I'm a participant. Can I take a loan from my TSP account while the domestic relations order is being pursued?
- Why can't the plan accept an assignment like a percentage between 2 dates?
- What is the difference between including and excluding loans?
- Can I get the money from the TSP right away?
General
Will my QDRO issued under Tribal Law be reviewed and considered acceptable for qualification purposes?
Tribal Court issued orders received by the plan after December 31, 2022, will be reviewed and accepted provided qualification requirements are met. This will include any such order which is submitted for reconsideration after this date.
Do I need an attorney to do my Court Order?
No, you don't need an attorney to complete your Court Order. You may work with the judge and courts directly. You should contact your local courthouse for its processes and procedures. Be aware, however, there are many ways to draft the terms of a Court Order. Dividing retirement benefits in domestic relations proceedings involves complex matters such as marital rights, legal issues, and tax consequences. You may wish to consult an attorney to best handle your case.
Is my divorce decree sufficient to be considered a Court Order?
Typically, no. A divorce decree often omits some information that's needed for the TSP's Court Order requirements. Occasionally, the Court Order is written into the divorce decree and does contain all the necessary TSP Court Order requirements.
How do I get the TSP's model language?
You can get the TSP's Court Order model language on this site or contact us.
Do I need to send in a copy of my divorce decree with my Court Order?
No. The Court Order Center doesn't need the divorce decree with the Court Order. Because your divorce decree generally contains personal and confidential information not related to your Court Order or the retirement plan, you should not send it.
Who is responsible for submitting the Court Order?
The participant, payee, or their attorney may submit the Court Order to the Court Order Center.
How much will my ex-spouse be entitled to?
The Court Order Center can't tell you that. You and your spouse or ex-spouse and the court will determine the appropriate division of retirement benefits in your case.
Why do we need to provide the payee's date of birth and Social Security Number?
The plan record keepers require the payee's date of birth and Social Security Number for items such as setting up an account in the payee's system, security, and benefit calculations to name a few. Court Orders that omit this information will hold up the qualification process and delay the benefit payment to the payee.
I'm concerned about privacy issues. Do I have to include my Social Security Number and date of birth in the order?
No, the Court Order Center will accept these pieces of information on a separately attached document that isn't filed with the court. The Court Order should explicitly reference that attached document, and the attached document should be mailed to the Court Order Center with the Court Order.
Is a filed stamp acceptable for court certification?
No, a filed stamp isn't a court certification stamp. For court certification, the clerk of the court must certify the document with a stamp or seal that indicates the order is certified. See the TSP's specific Court Order requirements for more information. Contact us to request this document if you don't already have it.
How do I get the restriction removed from my account or benefit?
Look at the TSP's specific Court Order requirements that you received when the order was sent to the plan. The TSP's Court Order requirements will address the rules for removing a restriction. Contact us for a copy of the TSP's specific Court Order requirements if you didn't already get them.
How long does it take to receive a response after I send in my Court Order?
Typically, you'll receive a response from the Court Order Center 20 days from the date the Court Order Center received your Court Order. There are some cases requiring further research and review that may take longer than 20 days.
What happens after my order is approved by the Court Order Center?
The Court Order Center will contact the appropriate record keeper with the terms of your Court Order. You should contact the record keeper at the number listed in the Next Steps section of the Qualification Notice sent to you. This person will be able to give you more information on your benefit.
I'm in the process of getting a Court Order for my ex-spouse's retirement plan. How do I change my address?
If the order hasn't yet been approved by the plan, update your address in the next order that's submitted. If the order has already been approved by the plan, you must contact the appropriate record keeper to change your address.
What if I don't know my court information?
Depending on your circumstances, the court information for the Court Order may be the same court that issued your divorce decree, if you have one. However, this matter is a legal one in which an attorney or local courthouse can help you.
What if I dont know the type or name of the plan the participant is in?
If youre a participant, you can call your benefits center to get your benefit information. All other interested people can work with the participant or the participants attorney for participant-specific information. Sometimes it may be necessary to subpoena the information from the participants company.
What happens to the payee's benefit when the participant dies?
It depends on the language in the Court Order, the form of payment the participant chose if the participant is retired, and when the order was received compared to when the participant began receiving benefits. Sometimes the participant's death doesn't impact the payee's benefit. Other times the participant's death stops the payee's benefit.
Defined Contribution
Why is there a restriction on my defined contribution plan account?
The plan is required to protect the money that might get awarded to the payee. Therefore, a freeze is placed on the participant's defined contribution plan account. This freeze prohibits any money from leaving the plan through a distribution or loan. The participant is still able to change contribution amounts and investment choices.
I'm a participant. Can I take a loan from my defined contribution plan while the domestic relations order is being pursued?
No. The freeze on your account prohibits any money from leaving the plan through a loan, withdrawal, or distribution.
Why can't the plan accept an assignment like a percentage between 2 dates?
Typically, the plan isn't required to, nor does it keep historical defined contribution account information and specific fund investment gains or losses for that time frame. Therefore, assignment dates going back to historical dates are unacceptable because the plan doesn't have that information.
What's the difference between including and excluding loans?
The following examples outline the meaning of including and excluding loans.
Including Loans
| Employee's account balance including loans | $1,000 |
|---|---|
| Employee's account balance excluding loans | $900 |
| Employee's outstanding loan balance | $100 |
| Assignment to the payee | 50% including loans |
So, the payee would receive 50% of $1,000, or $500.
Excluding Loans
| Employee's account balance including loans | $1,000 |
|---|---|
| Employee's account balance excluding loans | $900 |
| Employee's outstanding loan balance | $100 |
| Assignment to the payee | 50% excluding loans |
So, the payee would receive 50% of $900, or $450.
Can I get the money from the defined contribution plan right away?
Typically, the payee may receive the benefit from the TSP as soon as administratively possible after the order is qualified. Be advised there is some processing time necessary to establish the payee's account and complete the necessary calculations.
What is the Court Order fee?
A $600 fee will be charged to the participant's account upon receipt of the initial order.
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