2.44.523    FAMILY LAW ORDERS -- APPROVAL AND IMPLEMENTATION

(1) A participant or alternate payee must submit a certified copy of a court judgment, decree, or order containing a proposed FLO to the board for approval. The board has delegated authority for approval of a proposed FLO to the executive director of TRS.

(2) The effective date for purposes of allocating benefits and payments in progress is the first day of the month following receipt of a certified copy of the FLO.

(3) For purposes of allocating a lump sum payment, a certified copy of the FLO must be received before the payment is mailed or otherwise conveyed to the participant.

(4) The board's decision to approve or not approve a proposed FLO is final unless the participant or alternate payee files a request for an administrative contested case hearing within ten days from the date the board sends notice of the decision. If an administrative hearing is properly requested, the final administrative decision must be made by the board after receiving the hearing examiner's proposed decision.

(5) Upon receipt of a certified copy of a stay from the issuing court or the Montana Supreme Court, the board will suspend further consideration or implementation of a proposed FLO. Unless otherwise directed by court order, the board will retain payments withheld prior to receipt of the stay and simultaneously resume making payments of participant(s) full benefit(s). The board will take further action only on receipt of a certified copy of an order directing such action. If the stay is lifted, the board will proceed with recognition, approval and implementation procedures as outlined herein. Any amount owing the alternate payee may be paid out of any payments owing the participant.

(6) Costs of reviewing and administering the FLO, including actuarial analysis and attorneys' fees, may be assessed by the board and billed to the party filing the proposed FLO with the board, unless another party is designated in the FLO to pay the costs. Amounts owing plus interest thereon at an annualized effective rate of 8% may be offset against payments to be received by the appropriate party.

(7) An alternate payee may receive payment by electronic fund transfer upon submission of a properly executed form required by the board.

(8) An alternate payee must promptly inform the board of any change of name or address.

(9) The Teachers' Retirement System may establish separate benefits for a member and an alternate payee.

History: 19-20-201, MCA; IMP, 19-20-305, MCA; NEW, 1993 MAR p. 2404, Eff. 10/15/93; AMD, 2007 MAR p. 2120, Eff. 12/21/07; AMD, 2008 MAR p. 2619, Eff. 12/25/08.