Section 1700-03-03-.08 - EFFECT OF A VALID QDRO(1) Retirement Allowance.(a) After the retirement system has determined that a QDRO applying to a retirement allowance is valid, one of the following will occur:1. If the member has not yet started receiving a retirement allowance, the QDRO will be placed in the member's file and will be implemented when the first affected payment commences; or2. If the member is already receiving a retirement allowance subject to the QDRO, payment to the alternate payee will begin on the monthly payment date prescribed in T.C.A. § 8-36-117 in the month following approval by the retirement system.(2) Refund of Member Contributions. (a) After the retirement system has determined that a QDRO applicable to a member' s refund is valid, one of the following will occur:1. If the QDRO provides for the allocation of a refund and the member has not applied for a refund, the QDRO will be placed in the member's file and will be implemented when payment of the affected refund is made;2. If a refund application is pending when the retirement system receives a QDRO that purports to apply to the refund but the refund payment has not yet been made, the retirement system will hold the portion of the refund that would be payable to the alternate payee until it receives clarification from the court as to whether the QDRO is effective against the pending refund. It is the member's or alternate payee's responsibility to obtain clarification from the court and notify the retirement system of the court's clarification; or3. If a refund payment has already been made when the retirement system receives a QDRO that purports to apply to the refund, the QDRO shall not be effective against that refund.Tenn. Comp. R. & Regs. 1700-03-03-.08
Original rule filed March 28, 2016; effective 6/26/2016.Authority: T.C.A. §§ 8-34-313, 8-36-117, and 8-36-128.