§ 54-52-17.6 — Benefit payments to alternate payee under qualified domestic relations order

North Dakota § 54-52-17.6

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-52: Public Employees 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 participating member 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 participating member, 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 participating member. 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 public employees 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 participating member has not
terminated eligible employment. A qualified domestic relations order must specify:
a. The name and the last-known mailing address of the participating member and
the name and mailing address of each alternate payee covered by the order;
b. The amount or percentage of the participating member'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.