403(b) / 457(b)Transactions/QDRO: Who do I list as the party to be joined, if joinder is necessary?

If the plan needs to be joined to the domestic relations order you will need to list the plan as the party. Neither the employer, nor the plan administrator should be listed as a party. The joinder should be served on the Plan Sponsor (Employer). Tax Deferred Solutions, as the Plan Administrator, will also accept service of the joinder and answer on behalf of the plan if the plan sponsor agrees to allow us to do so on their behalf , which is usually the case. We recommend you contact your employer or TDS prior to serving the documents on Tax Deferred Solutions, so this can be pre-determined.

For your convenience please note that the format of our client’s plan name is normally the“Employer’s name” followed by the “type of Plan”. For example:

ABC Sample School District’s 403(b) Plan

ABC Sample School District’s 457(b) Plan

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