SAMPLE Qualifying Court Order for Military Retirement System (MQCO) (First 2 Pages Only)

General Questions to be Answered:

1. Name, address and phone number of the person requesting the order.
2. Name of the county in which the divorce is taking place.
3. Name of the court that has jurisdiction over the divorce.
4. Name of judicial district/circuit/division, if applicable.
5. Case reference number.
6. Name, address, date of birth and Social Security number of the employee (participant/member of the plan).
7. Name, address, date of birth and Social Security number of the employee’s spouse (alternate payee/former spouse).
8. Reason for order (marital property rights or alimony).
9. Date of marriage.
10. Date the marriage ended.
11. Date of divorce, if divorced.
12. Date the employee began participating in the plan, if prior to the date of marriage.
13. Is the employee still employed, terminated or retired?
14. The exact name of the pension plan.

Additional Questions to be Answered:

(Explanations are included with these questions)
1. Were the member and the former spouse married for a period of more than ten years during which time the member performed more than ten years of creditable military service?
2. What is the form of award to the former spouse (percent or dollar amount)?
3. Should the former spouse receive a pro-rata share of any post-retirement cost of living adjustments?
4. Should the former spouse be treated as the member’s irrevocable beneficiary under the Survivor Benefit Plan ("SBP").
5. Were the member’s rights under the Service Members Civil Relief Act observed by the court?

Additional Provisions that will be included in the Order:

1. USFSPA Jurisdiction
2. Duration of Payments
3. Jurisdiction of the Court
4. Overpayments
5. Notification
6. Qualification
7. Continued Cooperation of Member
8. Merger of Benefits and Indemnification
9. Direct Payment By Member (if applicable)
10. Actions by Member
11. Submission of Information
12. Tax Treatment of Distributions Made Under The Order
13. Continued Jurisdiction
14. Discovery
15. Notice of Pending Retirement (if applicable)
16. Delayed Retirement (if applicable)
17. Definition of Military Retirement