Nebraska Administrative Code
Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS
Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD
Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS
Section 303-21-002 - Procedure to Determine Qualified Status

Universal Citation: 303 NE Admin Rules and Regs ch 21 ยง 002

Current through March 20, 2024

002.01 Upon receipt of a court certified or authenticated domestic relations order involving benefits under a statewide public retirement system, NPERS shall, within ten days, notify in writing the member and the alternate payee that NPERS has received the domestic relations order. If the order pertains to a member receiving benefits from the retirement system, NPERS shall suspend and segregate that portion of the member's benefit payment which would be payable to the alternate payee under the order if it is determined to be a qualified domestic relations order.

002.02 NPERS shall review the domestic relations order to determine whether it meets all of the requirements to be deemed a qualified domestic relations order as set forth in the Spousal Pension Rights Act and this regulation. NPERS shall specifically determine that the order clearly specifies:

002.02(a) The name and last-known mailing address, if any, of the member;

002.02(b) The name and last-known mailing address, if any, of the alternate payee covered by the order;

002.02(c) The statewide public retirement system to which the order applies;

002.02(d) The number of payments or period to which such order applies; and

002.02(e) The amount or percentage of the member's benefits to be paid by the statewide public retirement system to each alternate payee or the manner in which such amount or percentage is determined.

002.02(f) The social security number and date of birth of the member, as well as the social security number and date of birth of the alternate payee shall be provided in a separate document.

002.03 NPERS shall ascertain that the order does not require the retirement system to:

002.03(a) Provide any type or form of benefit, or any option, not otherwise provided under the plan;

002.03(b) Provide increased benefits determined on the basis of actuarial value;

002.03(c) Pay to an alternate payee benefits which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order;

002.03(d) Pay benefits to an alternate payee before the earliest retirement date of a member;

002.03(e) Provide a joint and survivor annuity to the alternate payee and the alternate payee's subsequent spouse; or

002.03(f) Act contrary to the statutory provisions of the statewide public retirement system.

002.04 If NPERS determines that the domestic relations order does not meet all of the requirements set forth in the Spousal Pension Rights Act and these regulations, NPERS shall, within seven days of making such determination, notify the member and the alternate payee of the basis for such determination. If NPERS is notified in writing within thirty (30) days of the date NPERS makes the notification required under this subsection that the member or the alternate payee is seeking an amended order correcting the deficiencies noted, NPERS shall continue to suspend and segregate that portion of the member's benefit payment which would be payable to the alternate payee under the order if it were to be determined to be a qualified domestic relations order.

002.05 In no event shall NPERS suspend and segregate benefits under sections 002.01 or 002.04 for a period longer than eighteen (18) months from the date the original order is filed with NPERS or the date payments to the alternate payee would commence under the order if qualified, whichever is later. If the order or an amended order is not qualified within the eighteen month period, NPERS shall pay the segregated funds, plus interest, to the member or other beneficiaries entitled thereto, and any order qualified after the eighteen month period will be applied prospectively only.

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