Section 6-40-9 - Withdrawal of accumulated contributions or hypothetical account balance(a) If a Hawaii domestic relations order provides for payment to an alternate payee of all or a portion of a member's or former member's with vested benefit status accumulated contributions or hypothetical account balance upon termination of membership in the system by withdrawal of the member's or former member's with vested benefit status accumulated contributions or hypothetical account balance, the system shall notify the alternate payee, at the address provided by alternate payee pursuant to section 6-40-4, of the member's or former member's with vested benefit status request for withdrawal of accumulated contributions or hypothetical account balance.(b) The system shall pay the alternate payee in accordance with the Hawaii domestic relations order upon the later of:(1) The date on which the member's or former member's with vested benefit status portion of the member's or former member's with vested benefit status accumulated contributions or hypothetical account balance is payable to the member or former member's with vested benefit status; or(2) Receipt by the system of alternate payee's claim for payment and all supporting documentation required by the system for payment to the alternate payee; provided that an alternate payee shall not be entitled to any portion of a member's or former member's with vested benefit status accumulated contributions or hypothetical account balance under a Hawaii domestic relations order that is determined to be a Hawaii domestic relations order more than eighteen months after the date on which the member's or former member's with vested benefit status portion of the member's accumulated contributions or hypothetical account balance is payable to the member.
(c) Payment to the alternate payee after the date on which the member's or former member's with vested benefit status portion of the member's or former member's with vested benefit status accumulated contributions or hypothetical account balance is payable to the member or former member's with vested benefit status shall be without interest.(d) An alternate payee under a Hawaii domestic relations order may be considered a "distributee" for the purposes of section 6-28-10.[Eff 7/1/2020] (Auth: §§ 88-28 and 88-93.5) (Imp: § 88-93.5)