Understanding UCRP QDROs: Division of University of California Retirement Plan Benefits
Employees of the University of California participate in the University of California Retirement System (UCRS), which includes the University of California Retirement Plan (UCRP), a defined benefit pension plan. The UCRP provides retirement benefits based on service credit, salary, and age at retirement. For certain participants, the Capital Accumulation Payment (CAP) supplements UCRP benefits and can also be divided by a Qualified Domestic Relations Order (QDRO).
Joinder Requirement
To divide UCRP benefits, a joinder is required. This legal process names the UCRP as a third party to the divorce case, allowing both spouses to request information about the benefits earned during the marriage. Once the joinder is filed and served on the plan, the UCRP can provide details on member and employer contributions, earnings, service credit, and applicable offsets.
QDRO Before Member Retires
If a QDRO is filed before the member retires, a separate account is created for the nonmember spouse (alternate payee), including their share of UCRP service credit, contributions, and interest, as well as their share of the CAP. The alternate payee can:
- Maintain the separate account and begin collecting benefits once the member is eligible for retirement.
- Elect a refund of contributions and interest and waive future retirement benefits.
If the member is eligible to retire, the alternate payee may choose a lump-sum cashout of the actuarial value of monthly retirement income (mandatory if less than $20,000), maintain the separate account, or request a refund of contributions and interest.
QDRO After Member Retires
If the QDRO is processed after the member retires, the alternate payee does not receive a separate account. Instead, the member’s retirement income is reduced to provide monthly payments to the alternate payee based on the QDRO’s terms. Upon the member’s death, the alternate payee’s monthly payments cease unless they were named as the contingent annuitant.
Death Benefits and Beneficiary Designations
Upon the member’s death, the alternate payee’s benefits may continue if they were named as the contingent annuitant. If no one else is eligible for survivor continuance, a prorata refund of UCRP accumulations may be paid to the alternate payee. Upon the alternate payee’s death, their beneficiary receives a lump-sum payment of the remaining value of their share of retirement benefits.
Get Help
Dividing UCRP benefits during a divorce requires careful planning and adherence to specific legal procedures. For personalized guidance on navigating these complexities, it’s essential to consult with a legal expert who specializes in QDROs.
Set Up a Free Consultation Today
If you are facing a divorce and need assistance with dividing your UCRP benefits, contact us at Peacock QDROs to schedule a consultation. Our experienced attorneys can guide you through the process, draft a comprehensive QDRO, and ensure your interests are protected. Visit PeacockEsq.com or call (929) 437-3767 to learn more.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual cases vary. Consult an attorney for legal guidance specific to your situation.
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Attorneys & Staff
William "willie" peacock, Esq.
Willie is an attorney licensed to practice in California since 2011. He has since added admissions in Missouri, New York, New Jersey, Iowa, Kansas, Connecticut, and North Dakota.
He was born and raised in Missouri, went to high school and college in California, and returned there after attending the prestigious Washington and Lee University, School of Law in Lexington, Virginia. He relocated to New York and relaunched his law firm in 2018, focusing exclusively on retirement—estate planning and division of retirement accounts through qualified domestic relations orders (QDROs).
He has written for Thomson Reuters, Clio, and California Lawyer, and his writings have been cited by the American Bar Association, Above the Law, and other leading legal publications.
He is currently rated a perfect 10.0 by Avvo.com, and more importantly, has a perfect 5-star rating from his past clients on all major review sites.
