§ 54-52.6-12 — Qualified domestic relations orders

North Dakota § 54-52.6-12

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-52.6: Defined Contribution Retirement Plan

Text

1. The board or a vendor contracted for by the board shall apportion a participating
member's account in the defined contribution retirement plan under this chapter 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 adopted by the
board for determining the qualified status of domestic relations orders, administering

distributions, and apportioning accounts under the qualified orders. Upon
determination of the domestic relations order as qualified, the board shall notify the
participating member, the named alternate payee, and the vendor, if applicable, 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, 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 a participating member's account in the defined contribution
retirement plan under this chapter. A qualified domestic relations order may not require
the board to provide any type or form of benefit, or any option, not otherwise allowed
under this chapter. However, a qualified domestic relations order may require
distribution from an account in the defined contribution retirement plan under this
chapter notwithstanding that the participating member has not terminated eligible
employment. A qualified domestic relations order must specify:
a. The name and last-known mailing address of the participating member and the
name and the mailing address of each alternate payee covered by the order;
b. The amount or percentage of the participating member's account to be paid 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.