Arkansas Administrative Code › Agency 088 - Arkansas Teacher Retirement System › Rule 088.00.21-005 - ATRS Rule 11 Survivors and Domestic Relations Orders

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Code §§
							9-18-101 -
			 9-18-103,
			 24-7-710,
			 24-7-713,
			 24-7-720, and
			 24-7-734
I.
Definitions
a. "Alternate payee" means a spouse, former
		  spouse, child, or other dependent of a member under Arkansas law;
b. "Application" for the purposes of
		  retirement eligibility means an application form and any other documents
		  required by the Arkansas Teacher Retirement System (ATRS) to establish a
		  member's eligibility to retire;
c.
		  "Immediately eligible" for the purpose of survivor annuity benefits means a
		  survivor of an active member who at the time of his or her death attained the
		  normal retirement age and could have retired;
d. "Lump-sum death beneficiary" means one (1)
		  or more persons or entities designated in writing by the member to receive
		  payment of the lump-sum death benefit under Arkansas Code §
								24-7-720;
e. "Lump-sum death benefit" means a monetary
		  amount set by the Board of Trustees of the Arkansas Teacher Retirement System
		  (Board), and paid by ATRS to one (1) or more lump-sum death beneficiaries as
		  provided for under Arkansas Code §
								24-7-720;
		  and
f. "QDRO" means a court order
		  that:
1. Meets the definition of a qualified
		  domestic relations order under Arkansas Code §
									9-18-101;
		  or
2. Assigns a portion of a
		  member's retirement benefit to the member's divorced spouse or an alternate
		  payee upon the member's retirement or a refund of the member's contributions at
		  the request of the member;
g. "Qualifying member" means:
1. For the purposes of eligibility for a
		  lump-sum death benefit under Arkansas Code §
									24-7-720, a
		  member or retiree to whom one (1) of the following categories apply:
A. The member:
i. Is deceased;
ii. Was an active member of ATRS before July
		  1, 2007; and
iii. Has five (5) or
		  more years of actual service, including actual service for the year immediately
		  preceding his or her death;
B. The member:
i. Is deceased;
ii. Was an active member of ATRS on or after
		  July 1, 2007; and
iii. Has ten (10)
		  or more years of actual service; or
C. The retiree:
i. Dies before July 1, 2007; and
ii. Has accrued five (5) or more years of
		  actual service, including actual service, for the year immediately preceding
		  his or her death; or
D.
		  The retiree:
i. Dies on or after July 1, 2007;
		  and
ii. Has accrued ten (10) or
		  more years of actual service, including actual service for the year immediately
		  preceding his or her death; or
2. For the purpose of an eligible survivor
		  qualifying for survivor annuity benefits under Arkansas Code §
									24-7-710,
		  a member who:
A. Is an active member as
		  defined in Arkansas Code §
										24-7-202(2);
B. Has at least five (5) years of actual
		  service and reciprocal service, including credited service for the year
		  immediately preceding his or her death; and
C. Is active as provided in Arkansas Code
		  §
										24-7-710(f)
		  and this ATRS Rule 11 II.a.