Unvested Employer Contributions
A common challenge in dividing defined benefit plans like the Defined Benefit Plan for Employees of Epic is vesting. Many defined benefit plans require a certain number of years of service before the employee earns a “vested” right to a pension. If the employee hasn’t reached full vesting, any portion awarded to the alternate payee through a QDRO must include language about forfeiture or reversion if the benefit is lost. A well-drafted QDRO ensures the former spouse gets paid only if and when the participant gets paid—and in the same proportions.

