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-111 - Payments Pending Determination
Universal Citation: LA Admin Code V-111
Current through Register Vol. 50, No. 9, September 20, 2024
A. During any period in which the issue whether a domestic relations order is a qualified domestic relations order is being determined (by the trustees, by a court of competent jurisdiction, or otherwise), the trustees shall segregate in a separate account in the fund the amounts that would have been payable to the alternate payee during such period if the order had been determined to be a qualified domestic relations order.
1. To the
extent that the domestic relations order is determined to be qualified, the
fund shall pay the segregated amounts, plus any interest on them, to the person
or persons entitled to them according to the terms of the order. In the case of
determinations appealed under these procedural rules, the payment shall be made
not less than 10 days nor more than 30 days after the issuance of the trustees'
disposition of the appeal.
2. To
the extent that the domestic relations order is determined not to be qualified,
the fund shall pay the segregated amounts, plus any interest on them, to the
person or persons who would have been entitled to such amounts without regard
to the terms of the order. In the case of determinations appealed under these
procedures, the payment shall take place not less than 10 days nor more than 30
days after the issuance of the trustees' disposition of the appeal.
3. To the extent that the issue whether the
domestic relations order is qualified is not resolved within 18 months after
the fund receives notice of the order, the trustees shall pay the segregated
amounts, plus any interest on them, to the person or persons who would have
been entitled to these amounts without regard to the terms of the
order.
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.
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