Introduction
If you or your spouse has contributed to the Berks Packing Ufcw 401(k) Plan during your marriage, dividing those retirement assets in your divorce requires more than just a line in your settlement agreement. You’ll need a Qualified Domestic Relations Order (QDRO) that complies with both state divorce law and federal retirement plan regulations. As a QDRO lawyer who’s handled thousands of these cases, I’m here to explain how this process works specifically for the Berks Packing Ufcw 401(k) Plan sponsored by Berks packing Co.., Inc..
Plan-Specific Details for the Berks Packing Ufcw 401(k) Plan
Before drafting or submitting a QDRO, it’s critical to understand the unique features of the plan you’re working with. Here’s what we know about the Berks Packing Ufcw 401(k) Plan:
- Plan Name: Berks Packing Ufcw 401(k) Plan
- Sponsor: Berks packing Co.., Inc..
- Address: 20250522060836NAL0008073586001
- Status: Active
- Industry: General Business
- Organization Type: Corporation
- Effective Date: Unknown
- Plan Year: Unknown to Unknown
- EIN: Unknown (but needed for QDRO submission)
- Plan Number: Unknown (also required in the QDRO)
- Participants: Unknown
While certain identifying details like the EIN and plan number are currently unknown, they will be essential when submitting the QDRO to the plan administrator. These can usually be obtained through the participant’s HR department or summary plan description (SPD).
Understanding QDROs and 401(k) Plan Division
A Qualified Domestic Relations Order is a court order used to divide qualified retirement plans like a 401(k). It allows a portion of one spouse’s account to be assigned to the other without triggering taxes or penalties—if done right.
The Berks Packing Ufcw 401(k) Plan is a defined contribution plan, meaning it holds individual accounts for each participant and grows based on contributions and investment performance. That offers flexibility, but also creates some challenges, particularly in divorce cases where contributions, loans, and account types need to be analyzed in detail.
Employee and Employer Contributions
In 401(k) plans such as the Berks Packing Ufcw 401(k) Plan, both employees and employers typically make contributions:
- Employee Contributions: These are usually fully vested and can be divided between spouses as of a specific “valuation date,” typically the date of separation or divorce filing.
- Employer Contributions: These may be subject to a vesting schedule. This means the participant might not “own” all of these funds yet. A QDRO needs to account for this by clearly stating whether the alternate payee is entitled to the non-vested portion if it becomes vested later.
Vesting Schedules and Forfeiture Rules
401(k) plans often include a graded vesting schedule on employer contributions. That makes it important to determine:
- Which employer contributions are fully vested at the time of divorce
- Whether the alternate payee will receive a share of employer contributions that vest later
Plans may also contain forfeiture rules, meaning non-vested funds are lost when an employee leaves the company. The QDRO must be clear about what happens in such cases.
Loan Balances and Their QDRO Treatment
If the participant has taken a loan from their Berks Packing Ufcw 401(k) Plan, that balance remains inside the plan as a liability. A common mistake is failing to account for it when calculating either party’s share of the account. Here are your two primary options:
- Calculate each party’s share before reducing for the loan balance (gross division)
- Calculate each party’s share after deducting the loan (net division)
You must clarify in the QDRO whether or not the loan balance is factored in, and whether the alternate payee is reimbursed or impacted by the participant’s loan.
Traditional vs. Roth Contributions
The Berks Packing Ufcw 401(k) Plan may contain both traditional pre-tax contributions and post-tax Roth contributions. These account types have different taxation rules when distributed:
- Traditional: Taxable when withdrawn
- Roth: Generally tax-free if certain conditions are met (e.g., account age and beneficiary age)
Make sure the QDRO specifies how each type is divided. A good QDRO spells out the percentage or dollar amount of each account type and avoids tax problems down the road.
QDRO Process for the Berks Packing Ufcw 401(k) Plan
Step 1: Get the Plan Documents
The first step is requesting a copy of the summary plan description and QDRO procedures from Berks packing Co.., Inc.. These will spell out specific submission guidelines and permissible division methods.
Step 2: Draft the Order
The order must include key plan details such as:
- Plan name: Berks Packing Ufcw 401(k) Plan
- Sponsor: Berks packing Co.., Inc..
- Plan number and EIN (must be completed for submission)
- Participant and alternate payee info
- Clear division method (percentage or dollar amount)
- Valuation date and whether investment gains/losses apply
Step 3: Submit for Preapproval (if applicable)
While not all plans offer preapproval, it’s a useful option to catch errors before the order is filed with the court. Our team at PeacockQDROs handles this on your behalf when the plan allows it.
Step 4: Get Court Approval
The QDRO must be signed by a judge before being submitted to the plan administrator. This legalizes the division.
Step 5: Submit to the Plan Administrator
Once approved by the court, the QDRO is sent to the plan administrator along with any required documentation, including the final judgment and cover letter per the plan’s guidelines.
Step 6: Ensure Implementation
QDROs don’t take care of themselves. You must follow up to confirm receipt and ensure the funds are properly split and new accounts are created or rolled over. At PeacockQDROs, we handle all of this for our clients.
Common Mistakes in Dividing the Berks Packing Ufcw 401(k) Plan
QDROs for 401(k)s are susceptible to several preventable mistakes:
- Failing to address an outstanding loan balance
- Not specifying the valuation date clearly
- Leaving Roth/traditional distinctions out of the order
- Overlooking unvested employer contributions
- Missing the plan’s specific formatting or procedural requirements
To explore more of these pitfalls, visit our page on common QDRO mistakes.
Why Work With PeacockQDROs?
At PeacockQDROs, we’ve completed thousands of QDROs from start to finish. That means we don’t just draft the order and leave you to figure out the rest. We handle the drafting, preapproval (if applicable), court filing, submission, and follow-up with the plan administrator. That’s what sets us apart from firms that only prepare the document and hand it off to you.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. We’ve developed efficient systems backed by years of experience to avoid unnecessary delays and rejections. Learn more here: How long does it take to get a QDRO done?
Conclusion: Secure Your 401(k) Share the Right Way
If you’re in the midst of a divorce and working to divide the Berks Packing Ufcw 401(k) Plan, a solid QDRO is your best protection. With its employer vesting rules, loan handling, and potential Roth account complexity, this plan deserves careful attention during divorce proceedings.
Don’t risk costly mistakes or delays. Let a QDRO specialist guide you through each step so you don’t get shortchanged when it’s time for retirement distributions.
If your divorce was in California, New York, New Jersey, Connecticut, Kansas, Missouri, Iowa, or North Dakota, and you have questions about qualified domestic relations orders or dividing retirement assets like the Berks Packing Ufcw 401(k) Plan, contact PeacockQDROs. We specialize in QDROs and have successfully processed thousands of orders from start to finish.
Get the answers you need—explore our QDRO resources or reach out for personalized help if you’re in one of our service states.