Current through Supplement No. 394, October, 2024
1. Upon receipt of a proposed domestic
relations order, the public employees retirement system shall:
a. Send an initial notice to each person
named therein, including the member and the alternate payee named in the order,
with an explanation of the procedures followed by the fund.
b. If a member who is not in pay status at
the time the proposed domestic relations order, or notice of intent to submit a
proposed domestic relations order, was received from the member, the member's
legal representative, or an individual authorized to receive confidential
information under subsection 8 of North Dakota Century Code section
54-52-26, makes application for a
lump sum distribution due to termination of employment, the application for
lump sum distribution will be held until such time as the proposed domestic
relations order is determined to be qualified and a certified copy of such
order is received at the North Dakota public employees retirement system office
or until the end of the eighteen-month review period, or until the North Dakota
public employees retirement system office receives notice that a proposed
domestic relations order will not be submitted, whichever occurs
first.
c. Review the domestic
relations order to determine if it is a qualified order as established by the
model language format specified by the board.
2. The domestic relations order shall be
considered a qualified order when the executive director notifies the parties
the order is approved and a certified copy of the court order has been
submitted to the office.
3. If the
order becomes qualified, the executive director shall:
a. Send notice to all persons named in the
order and any representative designated in writing by such person that a
determination has been made that the order is a qualified domestic relations
order.
b. Comply with the terms of
the order.
c. Allow the alternate
payee to choose the appropriate investment options for the alternate payee's
account.
d. Allow the alternate
payee to choose the same payout options allowed for the member.
4. If the order is determined not
to be a qualified domestic relations order or a determination cannot be made as
to whether the order is qualified or not qualified within eighteen months of
receipt of such order, the public employees retirement system shall send
written notification of termination of review to all parties at least
forty-five days prior to the end of the eighteen-month review period. At the
end of the eighteen-month review period, the proposed order is deemed to be
withdrawn and of no legal effect.
a. If a
member who was not in pay status at the time the proposed domestic relations
order was received made application for a lump sum distribution due to
termination of employment, the application for lump sum distribution will be
processed at the end of the eighteen-month review period.
b. If determined after the expiration of the
eighteen-month period the order is a qualified domestic relations order, the
qualified domestic relations order must be applied prospectively
only.
General Authority: NDCC
28-32-02(1)
Law Implemented: NDCC
54-52.6-12
