New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 85 - DEFERRED COMPENSATION
Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE
Section 2.85.200.8 - GENERAL PROVISIONS

Universal Citation: 2 NM Admin Code 2.85.200.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. Funds from a deferred compensation account may be paid to an alternate payee upon submission of a domestic relations order that conforms to the requirements of this rule and the deferred compensation plan. Funds may also be paid as a result of an approved unforeseen emergency as defined in 26 C.F.R. Section 1.457 - 2(h)(4). Divorce is not an unforeseeable emergency.

B. A conformed copy of a plan-approved domestic relations court order which determines the community interest in or child support obligation from a participating employee's state of New Mexico deferred compensation plan ["plan"] and assigns a separate interest to the participating employee's spouse, former spouse, child or other dependent shall be provided to the deferred compensation third party administrator ["administrator"] within a reasonable time after entry of the order.

C. The following information must be contained in the domestic relations order:

(1) the name, social security number and last known mailing address of the participating employee and the alternate payee;

(2) the amount or percentage of the participating employee's benefit to be paid to the alternate payee, or the manner in which such amount is to be determined;

(3) the relationship of the alternate payee to the participating employee;

(4) the number of payments or the period to which the domestic relations order applies;

(5) the specific name of each plan covered by the domestic relations order;

(6) all required signatures must be signed by the court.

D. Upon receipt of an appropriate court order, the administrator will provide notice by certified mail, return receipt requested, to a spouse, former spouse or child or other dependent who has a court determined interest in a participating public employee's plan when an application from the participating employee requesting disbursal is received by the administrator.

E. The administrator's files must contain current names and addresses for persons having an interest in plan accounts. Any person who has an interest in a plan account must provide the administrator with a written, notarized statement of any change of name or address made after entry of the court order. If a notice is returned as undeliverable because of incorrect name or address, the administrator will not be responsible for further attempts at notification.

Disclaimer: These regulations may not be the most recent version. New Mexico 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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