Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 1 - GENERAL PROVISIONS › Section 6-40-1 - Definitions

Current through June, 2024
Unless a different meaning is plainly required by the
					 context, definitions generally applicable in this chapter are also provided in
					 88-93.5,
					 HRS, and chapter
					 88, HRS. As used in this
					 chapter:
"Benefit the member or former member with vested benefit
					 status is expected to receive" means the benefit the member or former member
					 with vested benefit status is expected to receive without regard to any Hawaii
					 domestic relations order.
"Benefit the retirant is receiving" means the benefit the
					 retirant is receiving without regard to any Hawaii domestic relations
					 order.
"Hawaii domestic relations order" means a domestic
					 relations order that:
(1) Creates or recognizes the right of an alternate payee,
					 or assigns to an alternate payee, the right to receive all or a portion of the
					 benefits payable with respect to a member or retirant under the system;
(2) Directs the system to disburse benefits to the
					 alternate payee;
(3) Clearly specifies:
(A) The name and last known mailing address, if any, of the
					 member or retirant;
(B) The name and mailing address of the alternate payee
					 covered by the order;
(C) The amount or percentage of the member's or retirant's
					 benefits to be paid by the system to the alternate payee, or the manner in
					 which the amount or percentage is to be determined; and
(D) That the order applies to the system; and
(4) Does not:
(A) Purport to require the designation by the member or
					 retirant, of a particular person as the recipient of benefits upon the death of
					 the member or retirant;
(B) Purport to require the selection of a particular
					 benefit payment plan or option or to limit the benefit payment plans or options
					 from which the member may select;
(C) Require any action on the part of the system contrary
					 to its governing laws or plan provisions other than the direct payment of the
					 benefit awarded to an alternate payee;
(D) Make the award to the alternate payee an interest that
					 is contingent on any condition other than those conditions resulting in the
					 liability of the system for payment under its plan provisions;
(E) Purport to give to someone other than a member or
					 retirant the right to designate a beneficiary or to choose any retirement plan
					 or option available from the system;
(F) Attach a lien to any part of amounts payable with
					 respect to a member or retirant;
(G) Award an alternate payee a portion of the benefits
					 payable with respect to a member or retirant under the system and purport to
					 require the system to make a lump sum payment of the awarded portion of the
					 benefits to the alternate payee that are not payable in a lump sum;
(H) Purport to require the system, without action by the
					 member, to terminate a member from membership or employment, to refund
					 contributions, or to retire a member;
(I) Provide any type or form of benefit, or any option, not
					 otherwise provided by the system;
(J) Provide increased benefits, determined on the basis of
					 actuarial value; or
(K) Require the system to provide benefits or refunds to an
					 alternate payee that are required to be paid to another alternate payee
					 pursuant to an earlier Hawaii domestic relations order; and
(5) Meets the other requirements of section
					 88-93.5,
					 HRS.