Louisiana Administrative Code › Title 58 - RETIREMENT › Part V - Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity › Chapter 1 - Qualified Domestic Relations Orders › Section V-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in these procedural rules, unless the context
				  indicates otherwise, the following terms shall have the following meanings.
Alternate Payee
- the participant's spouse
				  (or former spouse, child, or other dependent) who is entitled to receive some
				  or all of the fund's benefit payments with respect to the participant under the
				  terms of the QDRO. The same QDRO may identify more than one alternate payee,
				  and several alternate payees may be identified in multiple QDROs. However, the
				  trustees shall not recognize the entitlement of any alternate payee, even if
				  specified in a domestic relations order, if the benefits assigned therein have
				  already been assigned by reason of an earlier QDRO validly served upon the
				  fund.
Domestic Relations Order
- any judgment,
				  decree, or order (including approval of a property settlement or community
				  property partition) that:
a. relates to the provision of child support, alimony
				  payments, or marital property rights to a spouse, former spouse, child, or
				  other dependent of a participant; and
b. is made pursuant to a state domestic relations law
				  (including a community property law);
i. a state court shall actually issue an order, or formally
				  approve a proposed property settlement, in order for it to be recognized by the
				  trustees as a domestic relations order. A property settlement or community
				  property partition signed by a participant and the participant's former spouse,
				  or a draft order to which both parties consent, shall not be considered a
				  domestic relations order until the state authority has adopted it as an order
				  or formally approved it and made it part of the domestic relations
				  proceeding.
a. clearly specifies:
i. the name and last known mailing address (if any) of the
				  participant and the name and mailing address of each alternate payee covered by
				  the order or, in the event the alternate payee is a minor or legally
				  incompetent, the name and address of the alternate payee's legal
				  representative;
ii. the amount or percentage of the participant's benefits to
				  be paid by the fund to each alternate payee, or the manner in which such amount
				  or percentage is to be determined;
iii. the number of payments or the period to which such order
				  applies; and
iv. the name and identity of the fund;
b. does not require:
i. the fund to provide any type or form of benefits, or any
				  option, not otherwise provided under the fund;
ii. the fund to provide increased benefits (determined on the
				  basis of actuarial value);
iii. the payment of benefits to an alternate payee that are
				  required to be paid to another alternate payee under another order previously
				  determined to be a qualified domestic relations order;
iv. the payment of benefits to an alternate payee prior to
				  the date the participant terminates employment and begins receiving pension
				  benefits from the fund; or
v. the payment of benefits to an alternate payee in any
				  manner other than over the life of the participant when the order is presented
				  to the fund after the participant has already begun receiving pension
				  benefits.
Trustees
- the Board of Trustees for the
				  Firefighters' Pension and Relief Fund for the City of New Orleans, or such
				  person or entity to whom the board has delegated responsibility to make
				  determinations on its behalf under these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  11:3363.