La. Admin. Code tit. 58 § V-101

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-101 - Determining Qualified Status of Domestic Relations Orders

A. Intent and Construction. These procedural rules are adopted in order to satisfy the requirements of R.S. 11:291, and shall be construed consistently with this purpose.

B. The purpose of these rules is to establish the trustees' willingness to recognize and enforce any QDRO that meets the requirements set forth herein.

C. It is further intended that the provisions of R.S. 11:291 and 292 be strictly observed. Therefore, the trustees shall not honor the terms of any QDRO:

1. that purports to require the fund to provide any type or benefits, or any option, not otherwise provided under the fund;

2. that requires the fund to provide increased benefits (determined on the basis of actuarial value);

3. that requires 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 QDRO;

4. that requires the payment of benefits to an alternate payee prior to the date the participant terminates employment and his retirement benefits commence; or

5. that allow the alternate payee to elect a form of benefit payable 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.

La. Admin. Code tit. 58, § V-101

Promulgated by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans, LR 16:501 (June 1990), amended by the Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity, LR 23:1304 (October 1997), LR 30:1685 (August 2004), LR 38:796 (March 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.