Is My Social Security Number Required To Be Identified In A Domestic Relations Order?
Posted on Feb 14, 2012 9:16am PST
Debra J., of New Jersey asks: "How do you identify me in a Domestic Relations Order? Do I have
to provide my Social Security number?"
Evan, from the QDRO Department of Pension Evaluators & QDROS Of Troyan,
Inc Associates Groupanswers: "Regarding the inclusion of personal identifiers, such as Social
Security Numbersin Domestic Relations Orders; pursuant to New Jersey Ruling
R. 1:38-7(a)(b), a party shall not set forth confidential personal identifiers
as defined in R. 1:38-7(a) in any document or pleading submitted to the
court unless otherwise required by statute, rule, administrative directive,
or court order.
However, pursuant to Federal Regulations under ERISA the inclusion of Social
Security numbers are required in Domestic Relations Orders as such are
reviewed in accordance with Federal Regulations.
It is our opinion that Federal Regulation preempts the State's ruling
on this point. At the express written request of counsel or a party to
the matter, Troyan shall comply and remove Social Security numbers from
an Order. However, it must be noted that Troyan, shall no longer be able
to guarantee the qualification of the Order absent the inclusion of such
information as such may violate the Plan Administrators QDRO requirements
for qualification purposes pursuant to ERISA."
State Listing of Statuses Disallowing Personal Identities In QDROs
Evan Edelstein
Lead QDRO Consultant
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