Haw. Code R. § 6-40-11

Current through November, 2024
Section 6-40-11 - Pre-retirement domestic relations orders under review
(a) When the system receives a retirement application from a member or former member with vested benefit status who is eligible to receive a retirement benefit and whose retirement benefits are subject to a domestic relations order, a certified copy of which has been provided to the system for review for qualification as a Hawaii domestic relations order, the system shall notify the alternate payee named in the order, at the address provided by the alternate payee pursuant to section 6-40-4, of the member's application for retirement benefits.
(b) If the domestic relations order is determined to be a Hawaii domestic relations order, the system shall pay the alternate payee as provided in section 6-40-10(b); provided that, if the domestic relations order is determined to be a Hawaii domestic relations order more than eighteen months after the member's or former member's with vested benefit status retirement benefits commence, payments to the alternate payee shall commence on the first day of the month following the later of:
(1) The determination that the Hawaii domestic relations order is a Hawaii domestic relations order; or
(2) Receipt by the system of alternate payee's claim for payment and all supporting documentation required by the system for payment to the alternate payee;
(c) If the domestic relations order is determined not to be a Hawaii domestic relations order within eighteen months after the member's retirement benefits commence, payments to the alternate payee may only be made pursuant to a qualified retirement Hawaii domestic relations order as provided in section 6-40-12.

Haw. Code R. § 6-40-11

[Eff 7/1/2020] (Auth: §§ 88-28 and 88-93.5) (Imp: § 88-93.5)