SECTION 590:30-1-4. Contents of qualified domestic relations order

  For a qualified domestic relations order (QDRO) to be accepted and binding on the System the order must meet the following requirements:

(1)   The order must clearly specify the following:

(A)   the name and last-known mailing address (if any) of the member and the name and mailing address of the alternate payee covered by the order and Social Security number of each,

(B)   the dollar amount or exact percentage of the member's benefits to be paid to the alternate payee,

(C)   the number of payments or period to which such order applies,

(D)   the characterization of the benefit as to marital property rights or child support, and whether the benefit ceases upon the death or remarriage of the alternate payee,

(E)   each plan to which such order applies,

(F)   the date of marriage and the date of commencement of divorce proceedings giving rise to the QDRO for division of marital property,

(G)   if the order is for child support, the name of each child covered by the order, each child's date of birth and the Social Security Number of each,

(H)   if the order is for child support, the exact amount (if any) awarded in continuing child support for each child and the exact amount (if any) awarded for arrearages, and

(I)   any conditions that will cause the QDRO to terminate.

(2)   The order meets the requirements of this section only if such order:

(A)   does not require the System to provide any type or form of benefit, or any option not otherwise provided under the state law as related to the Retirement System,

(B)   does not require the System to provide increased benefits,

(C)   does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee pursuant to another order previously determined to be a qualified domestic relations order by the System, and

(D)   does not require payment of benefits to an alternate payee prior to the actual retirement date of the related member or prior to the date the member elects to receive a lump sum distribution of his or her retirement account upon withdrawal from the System or Plan.

(3)   The order must provide an exact dollar amount or percentage of total benefit. The order may not provide for a percentage of the benefit accrued on a given date, unless the exact dollar amount is also provided. The order may not provide a formula which requires the System to calculate the amount payable to an alternate payee.

(4)   If the Order awards a dollar amount, subsequent benefit adjustment will not change the amount of payment to an alternate payee unless the order specifically provides for the apportionment of future cost of living increases. If the order awards a percentage of the total benefit, the payment to the alternate payee may increase or decrease due to subsequent benefit adjustments, unless the order directs otherwise.

(5)   Upon the effective date of the Medicare Gap Benefit option as provided in Chapter 10, Subchapter 19, of these rules, the order must contain a provision requiring that the award will only be made if the Pre-Medicare and/or Post Medicare Benefit amounts of the member are sufficient to make the required payment to the alternate payee and result in a payment amount to the member of at least One Hundred Dollars ($100.00) per month.

[Source: Added at 12 Ok Reg 3255, eff 7-27-95; Amended at 16 Ok Reg 616, eff 12-2-98 (emergency); Amended at 16 Ok Reg 2017, eff 6-11-99; Amended at 20 Ok Reg 1758, eff 6-12-03; Amended at 23 Ok Reg 1487, eff 5-25-06]