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February 17, 2009

Alternate Payee

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Definition

Any spouse, former spouse, child or other dependent of a plan participant who is recognized by a domestic relations order (DRO) as having a right to receive all, or a portion of, the participant’s benefits payable under a plan.

Referring Cite

IRC §414(p)(8); ERISA §206(d)(3)(K)

Additional Helpful Information

A spouse or former spouse can rollover amounts received as an alternate payee A non-spouse alternate payee cannot rollover amounts received under a DRO

Written By

Denise Appleby

Denise is CEO of Appleby Retirement Consulting Inc., a firm that provides IRA resources for financial/ tax/legal professionals. She has over 20 years of experience in the retirement plans field, which includes training and technical consultation.

Denise writes and publishes educational /marketing tools for advisors; available at http://irapublications.com. Denise co-authored several books on IRAs

Denise is a graduate of The John Marshall Law School, where she obtained a Masters of Jurisprudence in Employee Benefits, and has earned 5 professional retirement designations.
She has appeared on numerous media programs, sharing her insights on retirement tax laws.

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