§ 39-03.1-14.2 — Benefit payments to alternate payee under qualified domestic relations order

North Dakota § 39-03.1-14.2

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-03.1: Highway Patrol Troopers' Retirement System

Text

order.
1. The board shall pay retirement benefits in accordance with the applicable
requirements of any qualified domestic relations order. The board shall review a
domestic relations order submitted to it to determine if the domestic relations order is
qualified under this section and under rules established by the board for determining
the qualified status of domestic relations orders and administering distributions under
the qualified orders. Upon determination that a domestic relations order is qualified,
the board shall notify the contributor and the named alternate payee of its receipt of
the qualified domestic relations order.
2. A "qualified domestic relations order" for purposes of this section means any judgment,
decree, or order, including approval of a property settlement agreement, which relates
to the provision of child support, spousal support, or marital property rights to a
spouse, former spouse, child, or other dependent of a contributor, is made pursuant to
a North Dakota domestic relations law, and which creates or recognizes the existence
of an alternate payee's right to, or assigns to an alternate payee the right to, receive all

or a part of the benefits payable to the contributor. A qualified domestic relations order
may not require the board to provide any type or form of benefit, or any option, not
otherwise provided under the retirement system, or to provide increased benefits as
determined on the basis of actuarial value. However, a qualified domestic relations
order may require the payment of benefits at the early retirement date notwithstanding
that the contributor has not terminated eligible employment. A qualified domestic
relations order must specify:
a. The name and the last-known mailing address of the contributor and the name
and mailing address of each alternate payee covered by the order;
b. The amount or percentage of the contributor's benefits to be paid by the plan to
each alternate payee;
c. The number of payments or period to which the order applies; and
d. Each retirement plan to which the order applies.