Louisiana Administrative Code
Title 58 - RETIREMENT
Part V - Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity
Chapter 1 - Qualified Domestic Relations Orders
Section V-101 - Determining Qualified Status of Domestic Relations Orders
Universal Citation: LA Admin Code V-101
Current through Register Vol. 50, No. 9, September 20, 2024
A. Intent and Construction. These procedural rules are adopted in order to satisfy the requirements of R.S. 11:291, and shall be construed consistently with this purpose.
B. The purpose of these rules is to establish the trustees' willingness to recognize and enforce any QDRO that meets the requirements set forth herein.
C. It is further intended that the provisions of R.S. 11:291 and 292 be strictly observed. Therefore, the trustees shall not honor the terms of any QDRO:
1. that purports to require the fund to
provide any type or benefits, or any option, not otherwise provided under the
fund;
2. that requires the fund to
provide increased benefits (determined on the basis of actuarial
value);
3. that requires payment of
benefits to an alternate payee that are required to be paid to another
alternate payee under another order previously determined to be a
QDRO;
4. that requires the payment
of benefits to an alternate payee prior to the date the participant terminates
employment and his retirement benefits commence; or
5. that allow the alternate payee to elect a
form of benefit payable in any manner other than over the life of the
participant when the order is presented to the fund after the participant has
already begun receiving pension benefits.
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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