Haw. Code R. § 6-40-7

Current through April, 2024
Section 6-40-7 - Review of domestic relations orders for qualification as Hawaii domestic relations orders
(a) A person who wishes to have the system review a domestic relations order entered by a court to establish whether it meets the requirements for a Hawaii domestic relations order shall complete and submit to the system a request for review form furnished by the system, a copy of the order, certified by clerk of the court that entered the order, and the filing fee. The request for review shall include an address and telephone number at which the person requesting the review may be contacted.
(b) The person requesting review of a domestic relations order entered by a court must be the member, the former member with vested benefit status, the retirant, the spouse or former spouse of the member, the former member with vested benefit status, or retirant, or an authorized representative of any of the foregoing.
(c) If a domestic relations order is submitted for review after it has been entered by the court and is thereafter amended with the intention that it shall be a Hawaii domestic relations order, the member, retirant, or the alternate payee shall submit a certified copy of the amended order to the system. The system shall review any amended order that it receives according to the same rules applicable to all other orders, including payment of processing fees and costs.
(d) Upon completion of the system's review of a domestic relations order that has been entered by a court, the system shall issue to the member, former member with vested benefit status, or retirant and the alternate payee, a determination, in writing, that the order is or is not a Hawaii domestic relations order, identifying any requirements that the order does not meet.
(e) A determination by the system that a domestic relations order is not a Hawaii domestic relations order shall be subject to review as provided in chapter 91, HRS, and the system's rules relating to contested cases.

Haw. Code R. § 6-40-7

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