La. Admin. Code tit. 58 § V-103

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-103 - Definitions

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.

La. Admin. Code tit. 58, § V-103

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