Main MenuMain Menu Bookmark PageBookmark Page

Chapter 25

Form 25-42

Letter Requesting Retirement Benefits Be Frozen

[Date]

[Name and address of plan administrator]

Re:   [Include if applicable: style of case]
Notice of Pending Divorce and Freeze Request for the
[plan name] (“Plan”)
Participant: [name of participant]
Participant’s Social Security number: [number]

[Salutation]

I have been retained by the alternate payee, [name of client], to represent [him/her] in [his/her] divorce from the participant. The participant’s retirement benefits are at issue in the divorce, and it is anticipated that my client will receive a portion of those benefits. Please immediately freeze the participant’s benefits to prevent any type of distribution and to pre­serve the benefits while the division is being negotiated.

[Include if applicable: Enclosed are the [standing orders/temporary injunctions] issued by the Court ordering the parties not to remove funds from their retirement accounts.]

Please confirm that this participant’s benefits have been frozen. In addition, please pro­vide a copy of the QDRO procedures and model QDRO for the Plan.

If you need any additional information to freeze the participant’s benefits, please let me know. I appreciate your prompt attention to this matter.

Sincerely yours,

   
[Name of attorney]