1.Determination by chief executive officer.
The chief executive officer or the chief executive officer's designee has exclusive authority to determine whether a domestic relations order is a qualified domestic relations order under this section. A determination by the chief executive officer or the chief executive officer's designee under this section may be appealed to the board as provided by section 17451.
2.No jurisdiction over retirement system.
The retirement system may not be made a party with respect to a divorce or other domestic relations action in which an alternate payee's right to receive all or a portion of the benefits payable to a member or retiree under the retirement system is created or established. A party to such an action who attempts to make the retirement system a
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1.
Determination by chief executive officer.
The chief executive officer or the chief executive officer's designee has exclusive authority to determine whether a domestic relations order is a qualified domestic relations order under this section. A determination by the chief executive officer or the chief executive officer's designee under this section may be appealed to the board as provided by section 17451.
2.
No jurisdiction over retirement system.
The retirement system may not be made a party with respect to a divorce or other domestic relations action in which an alternate payee's right to receive all or a portion of the benefits payable to a member or retiree under the retirement system is created or established. A party to such an action who attempts to make the retirement system a party to the action contrary to this subsection is liable to the retirement system for its costs and attorney's fees.
3.
Benefits and withdrawal of contributions.
For the purposes of this section, benefits payable with respect to a member or retiree under any of the programs of the retirement system include the types of benefits payable by the retirement system and a withdrawal of contributions from the retirement system.
4.
Requirements.
A domestic relations order is a qualified domestic relations order only if the order:
5.
Additional criteria.
The board may also require by rule that a qualified domestic relations order meet one or more of the following requirements.
6.
Determination.
The chief executive officer or the chief executive officer's designee, upon receipt of a certified copy of a domestic relations order and written request for a determination, shall determine whether the order is a qualified domestic relations order and shall notify the member or retiree and each alternate payee of the determination.
7.
Interim accounting.
During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined by the chief executive officer, the chief executive officer's designee, the board, a court of competent jurisdiction or otherwise, the retirement system shall account separately for the amounts, in this section referred to as the "segregated amounts," that would have been payable to the alternate payee during that period if the order had been determined to be a qualified domestic relations order.
8.
Payment of segregated amounts.
If a domestic relations order is determined to be a qualified domestic relations order, the retirement system shall pay the segregated amounts to the person or persons entitled to the segregated amounts and shall thereafter pay benefits pursuant to the order.
9.
Payments if determined not qualified or if no determination within 18 months.
If a domestic relations order is determined not to be a qualified domestic relations order or if the issue as to whether a domestic relations order is a qualified domestic relations order is not resolved within 18 months of the date the order and written request for a determination are received by the retirement system, the retirement system shall pay the segregated amounts without interest, and shall thereafter pay benefits, to the person or persons who would have been entitled to such amounts if there had been no order. This subsection may not be construed to limit or otherwise affect any liability, responsibility or duty of a party with respect to any other party to the action from which the order arose.
10.
Determination after 18 months.
Any determination that an order is a qualified domestic relations order that is made after the close of the 18-month period established in subsection 9 must be applied prospectively only.
11.
No liability.
The retirement system, the board and officers and employees of the retirement system are not liable to any person for making payments of any benefits in accordance with a domestic relations order in a cause of action in which a member or a retiree was a party or for making payments in accordance with subsection 9.
12.
Information provided to spouse.
Upon being furnished with an attested copy of a complaint for divorce, the retirement system shall provide the spouse of a member with the same information that would be provided to the member.
13.
Rules.
The board may adopt rules to implement this section. The rules may provide for charging a reasonable fee for processing domestic relations orders.
14.
Application.
This section applies to all domestic relations orders issued after March 27, 1992 and, with the mutual consent of the parties, to any domestic relations orders issued on or before March 27, 1992.