MMC Benefits Handbook
In Case of Divorce
Qualified Domestic Relations Order
A "qualified domestic relation order" (QDRO) is a "domestic relations order" (DRO) that creates, or recognizes the existence of, the right of an "alternate payee" (former spouse, child(ren) or other dependent(s)) to receive all or a part of your vested account balance under the Plan.
A DRO is a judgment (generally issued by the court to be recognized as a DRO under ERISA), decree, or order that relates to the provision of child support, alimony payments, or marital property rights for the benefit of a spouse, former spouse, child, or other dependent.
The Plan has to honor any DRO relating to your Plan benefit as long as it complies with the QDRO Guidelines of the Plan and applicable legal requirements. A DRO must contain the following information to qualify as a QDRO acceptable under the Plan and ERISA.
  • the name, Social Security Number, and last known mailing address of the participant and each alternate payee.
  • the full name of the Plan (Marsh & McLennan Agency 401(k) Savings & Investment Plan).
  • the full name and address of the Plan Administrator (Plan Administrator – MMA 401(k) Savings & Investment Plan, c/o Global Benefits Department, Marsh McLennan, 1166 Avenue of the Americas, 31st Floor, New York, NY 10036).
  • the dollar amount or percentage of the participant's account to be awarded to the alternate payee.
  • the date upon which the participant's account is to be divided. The alternate payee's separate account will be adjusted for its allocable share of income, gains, losses and expenses from the date until the date the alternate payee's account is distributed.
A draft DRO should be sent to QDRO Consultants Co. for approval prior to being sent to the court for signature. Generally, this order should provide for a prompt lump sum payout to the alternate payee. (If you submit a DRO to the court without prior approval by QDRO Consultants Co. and the DRO does not comply with the Plan's guidelines, you will be required to resubmit it to the court). All expenses in connection with obtaining a QDRO are your or your alternate payee's responsibility.
After your divorce, your former spouse will no longer be your automatic Beneficiary unless required by a QDRO.
What Happens to Your Account
If you get divorced, your former spouse will immediately cease to be your automatic beneficiary unless required by a Qualified Domestic Relations Order (QDRO).
Depending on the terms of QDRO, a portion of your account may be payable to another person known as an alternate payee. An alternate payee can be your spouse, ex-spouse, child or other qualified dependent.
If a portion of your account is determined to be payable to an alternate payee under the terms of your QDRO, then your account will be divided into two accounts:
  • a new account that will contain the amount payable to the alternate payee, and
  • your original account, which is reduced by the amount payable to the alternate payee.
Different rules may apply if you are receiving Installment payments.
Until the alternate payee's account balance is distributed, it will continue to be affected by the investment performance of the investment options elected for the account.
Your account under the Plan may be split only if you have a Qualified Domestic Relations Order.
Note: All reasonable costs and expenses incurred by the Plan in connection with determination as to whether a domestic relations order is a Qualified Domestic Relations Order may be charged to your account.
When the Plan receives a Domestic Relations Order, distributions, loans, hardship and in-service withdrawals are not allowed until the rights under the order are finally determined. QDRO Consultants Co. will notify you that a hold has been placed on your account.
Distributions to Alternate Payees
If a portion of your account balance has been awarded to an alternate payee, it will be distributed promptly to the alternate payee when an approved Qualified Domestic Relations Order becomes effective. The alternate payee has 45 days from the date of the segregation of the account letter to request a distribution via an Alternate Payee Distribution Form. If no form is received, it will be distributed. If the alternate payee is your former spouse or spouse, he or she may direct the rollover of the amount distributable under the QDRO to his or her own traditional IRA, Roth IRA or to his or her employer's tax-qualified plan.
To obtain a form, go to and select Transamerica. Once the form is completed, return as instructed.
In order to give your spouse an interest in your account, a Domestic Relations Order must be submitted to QDRO Consultants Co. at the following address:
QDRO Consultants Co.
Attention: Marsh McLennan QDRO Compliance Team
3071 Pearl Road
Medina, Ohio 44256
You can also call QDRO Consultants Co. at +1 800 527 8481 with any questions or fax inquiries to them at +1 330 722 2735.
Beneficiary Designation
Your beneficiary designation will remain in effect for the portion of your account that is not awarded to your former spouse or dependent child under the Qualified Domestic Relations Order (QDRO) until you change it or remarry.
Note: Unless specified in the QDRO, your former spouse is no longer automatically eligible for any death benefits. If you remarry, your new spouse is automatically your beneficiary. You must submit a new beneficiary form if you remarry with your new spouse's written, notarized consent if your new spouse is not designated as your primary beneficiary.