Dorn v. Internat'l Brotherhood of Electric Workers, 211 F.3d 938 (5^th Cir. 2000)-In this appeal, the court addressed the differing rights of QDRO's (Qualified Domestic Relations Orders) and QJSA's (Qualified Joint and Survivor Annuities).  It affirmed the dismissal of Janice Dorn's claim for continued payment of pension benefits following the death of her ex-husband, Jack.  Before Jack became eligible for pension benefits, he and Janice divorced, and he remarried.  After he remarried, Janice obtained a domestic relations order from a state court in Louisiana which designated her as "alternate payee."

            This court agreed with the district court that the administrator had discretion to consider this order a valid QDRO.  However, this designation could not help Janice to continue to receive benefits after her ex-husband’s death.  The district court correctly determined that as an alternate payee (and thus a beneficiary) by virtue of her QDRO, Janice did not obtain status as a surviving "qualified" spouse or any interest in the survivor annuity under the provisions of Jack's QJSA.  Jack's new wife was solely entitled, as the surviving spouse, to continuing benefits.