Section 82-08-01-02 - Qualified domestic relations order proceduresUpon receipt of a domestic relations order, the plan shall:
1. Send an initial notice to each person named therein, together with an explanation of the procedures followed by the fund. 2. If the teacher or alternate payee receives any distribution that should not have been paid per the order, the teacher or alternate payee is designated a constructive trustee for the amount received and shall immediately notify the retirement and investment office and comply with written instructions as to the distribution of the amount received. 3. Review the domestic relations order to determine if it follows the model language format in section 82-08-01-03. 4. Forward the domestic relations order to the fund's legal counsel and actuarial consultant for their review and recommendation to the board. 5. The board shall review the domestic relations order and make the final determination of a qualified order. 6. The domestic relations order must be considered a qualified order when the plan notifies the parties the order is approved by the board and a certified copy of the court order has been submitted to the fund office. 7. If the order is determined to be qualified within eighteen months of receipt: a. Send notice to all persons named in the order and any representatives 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. Distribute the amounts as outlined in the order. 8. In the event that 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: a. Send written notification of such to all parties. b. Apply the qualified domestic relations order prospectively only if determined after the expiration of the eighteen-month period the order as modified, if applicable, is a qualified domestic relations order. N.D. Admin Code 82-08-01-02
Effective September 1, 1990; amended effective May 1, 1992; April 1, 1994; May 1, 1998; May 1, 2004.General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-12.2