Statutes, codes, and regulations
Tennessee Administrative Code
Title 1700 - TreasurySubtitle 1700-09 - Qualified Domestic Relations Orders
Chapter 1700-09-01 - Qualified Domestic Relations Orders
Section 1700-09-01-.06 - REQUIREMENTS FOR A VALID QDRO

Tenn. Comp. R. & Regs. 1700-09-01-.06

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Current through January 8, 2025
Section 1700-09-01-.06 - REQUIREMENTS FOR A VALID QDRO

The deferred compensation program will accept a court order as a valid QDRO that meets all of the following requirements:

(1) The order must create or recognize the right of an alternate payee to all or a portion of a participant's account.
(2) The order must contain the name, current mailing address, date of birth, and social security number of the participant.
(3) The order must contain the name, current mailing address, date of birth, and social security number of the alternate payee.
(4) The order must contain the amount or percentage of the participant's account, distribution, or payments to be paid by the plan to the alternate payee, or a description of how to calculate the amount or percentage.
(5) The order must contain the number of payments or the period of time to which the order applies if the participant is receiving periodic or annuity payments.
(6) If the participant receives lump sum payments in addition to periodic payments, the order must specify a separate proportion or fixed amount to be applied to the lump sum payments. Otherwise the lump sum payments will not be divided.
(7) The order must include a specified distribution or payment that is of a type or form permitted under the plan.
(8) The order must not include a specified amount or duration of the payment to the alternate payee that is greater than that available to the participant under the plan.
(9) The order must not grant the alternate payee payment of any benefits that have already been awarded to another alternate payee under another order previously determined to be a QDRO.
(10) The order may specify an alternative method for the parties to verify their social security numbers to the deferred compensation program, if the court finds that omission of the numbers in the order is necessary to reduce the risk of identity theft. The order is not a QDRO if the deferred compensation program finds that the method of verification is insufficient for the purpose of payment of benefits or reporting of income for tax purposes.

Tenn. Comp. R. & Regs. 1700-09-01-.06

Original rule filed July 15, 2016; effective 10/13/2016.

Authority: T.C.A. §§ 8-25-104 and 8-25-114.