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Trustees advise spouse or attorneys to coordinate QDRO drafts with board before filing

Upper Darby Police Pension Fund Board of Trustees · July 14, 2026
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Summary

A trustee asked whether a spouse can collect pension funds before an officer's retirement; the board’s administrator advised that retirement benefits generally cannot be paid to an ex‑spouse before the participant’s retirement and requested draft QDROs be sent for review to avoid court filings that the plan cannot implement.

During the meeting a trustee described a call from an active officer facing divorce and asked how pension benefits would be handled. Rob advised that the plan typically does not permit distribution to a spouse until the participant retires and that the usual process involves attorneys drafting a qualified domestic relations order (QDRO) or equivalent for the court.

Rob asked that attorneys provide the board administrator with a draft before filing with the court so the plan can confirm the draft will work with the pension plan language. "I'd prefer they send me a draft before going to the court, so I can say yes or no to it," he said, citing instances when court‑signed orders were incompatible with plan documents and required further court action to correct.

Trustees agreed to follow that practice and to advise individuals and their counsel to coordinate with the plan administrator on QDRO language to prevent delays or improper court orders.