Joinder of Pension Plan in Dissolution of Marriage Proceedings

Joinder is the process of summoning the retirement plan administrator or trustee in your dissolution of marriage proceedings. (Fam C § 2060) Essentially, the administrator or trustee of the pension plan becomes a party to the divorce proceedings. (Fam C § 2062) The process of joining the retirement plan is an essential step in the process to dividing the relevant spouse’s retirement plan in a equitable manner. Most likely the pension plan trustee will not commence payment of the benefits due under the plan for many years and it is essential to have the court make a determination of what percentage(s) of the benefits will be paid to each spouse at that time. Joinder is completed by filing several forms with the court including the following: Request for Joinder of Employee Benefit Plan and Oder (FL-372), Pleading on Joinder Employee Benefit Plan (FL-370) and Summons (Joinder)(FL-375) Once these forms are filed with the court, the party seeking joinder will be required to serve these documents on the pension plan trustee and then file the proof of service accordingly. Once these steps are completed the trustee of the pension plan will have an opportunity to file a response or to simply do nothing.

Once the trustee of the pension plan is joined the parties will need to determine how the pension plan benefits will be divided amongst the parties after the divorce is completed and the benefits become payable. Most likely the benefits will not be payable until some future event such as retirement. At the time that the benefits become payable the trustee of the pension plan will already have a formula which was predetermined during the divorce proceedings, and they will simply apply the formula to the benefit which is payable and issue payments to the respective x-spouses based upon the formula ordered by the judge.

The process for determining the percentage is a based upon a formula based upon the length of the marriage as compared to the length of the employment service which earned the benefit considering both the time earned during marriage and before/after the marriage. These calculations are done by a Qualified Domestic Relations Order specialist who submits their report to the parties for their review prior to being approved by the court. (Fam C § 2610 ) If the parties are in agreement that the Qualified Domestic Relations Order accurately reflects their legal interests in the pension plan then both parties will request that the Qualified Domestic Relations Order be filed and ordered by the court.

Once the court approves the form and content of the Qualified Domestic Relations Order it becomes an order of the court. At that point the Qualified Domestic Relations order is served upon the trustee of the pension plan and they are at that point in time ordered to comply with the terms of the Qualified Domestic Relations Order.