Haw. Code R. § 6-40-1

Current through April, 2024
Section 6-40-1 - Definitions

Unless a different meaning is plainly required by the context, definitions generally applicable in this chapter are also provided in 88-93.5, HRS, and chapter 88, HRS. As used in this chapter:

"Benefit the member or former member with vested benefit status is expected to receive" means the benefit the member or former member with vested benefit status is expected to receive without regard to any Hawaii domestic relations order.

"Benefit the retirant is receiving" means the benefit the retirant is receiving without regard to any Hawaii domestic relations order.

"Hawaii domestic relations order" means a domestic relations order that:

(1) Creates or recognizes the right of an alternate payee, or assigns to an alternate payee, the right to receive all or a portion of the benefits payable with respect to a member or retirant under the system;

(2) Directs the system to disburse benefits to the alternate payee;

(3) Clearly specifies:

(A) The name and last known mailing address, if any, of the member or retirant;

(B) The name and mailing address of the alternate payee covered by the order;

(C) The amount or percentage of the member's or retirant's benefits to be paid by the system to the alternate payee, or the manner in which the amount or percentage is to be determined; and

(D) That the order applies to the system; and

(4) Does not:

(A) Purport to require the designation by the member or retirant, of a particular person as the recipient of benefits upon the death of the member or retirant;

(B) Purport to require the selection of a particular benefit payment plan or option or to limit the benefit payment plans or options from which the member may select;

(C) Require any action on the part of the system contrary to its governing laws or plan provisions other than the direct payment of the benefit awarded to an alternate payee;

(D) Make the award to the alternate payee an interest that is contingent on any condition other than those conditions resulting in the liability of the system for payment under its plan provisions;

(E) Purport to give to someone other than a member or retirant the right to designate a beneficiary or to choose any retirement plan or option available from the system;

(F) Attach a lien to any part of amounts payable with respect to a member or retirant;

(G) Award an alternate payee a portion of the benefits payable with respect to a member or retirant under the system and purport to require the system to make a lump sum payment of the awarded portion of the benefits to the alternate payee that are not payable in a lump sum;

(H) Purport to require the system, without action by the member, to terminate a member from membership or employment, to refund contributions, or to retire a member;

(I) Provide any type or form of benefit, or any option, not otherwise provided by the system;

(J) Provide increased benefits, determined on the basis of actuarial value; or

(K) Require the system to provide benefits or refunds to an alternate payee that are required to be paid to another alternate payee pursuant to an earlier Hawaii domestic relations order; and

(5) Meets the other requirements of section 88-93.5, HRS.

Haw. Code R. § 6-40-1

[Eff 7/1/2020] (Auth: §§ 88-28 and 88-93.5) (Imp: § 88-93.5)