New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 80 - PUBLIC EMPLOYEES RETIREMENT
Part 1600 - DETERMINATION OF COMMUNITY INTEREST AND DIVISION OF RETIREMENT PENSIONS/CONTRIBUTIONS AT DIVORCE
Section 2.80.1600.10 - DIVORCE DECREE OR ORDER
Current through Register Vol. 35, No. 18, September 24, 2024
A. The following information must be contained in a court order which divides the community interest in PERA retirement pensions or contributions:
B. A separate account may not be created for a member's former spouse who has a court-determined interest in a member's account.
C. A model order containing provisions for the determination and division of the community interest in a PERA member's account shall be available on request from PERA's office of general counsel.
D. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Public Employees Retirement Act. PERA shall not be obligated to administer pension benefits in accordance with such orders until the first of the month following written approval by the office of general counsel.