La. Admin. Code tit. 58 § V-111

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

Section V-111 - Payments Pending Determination

A. During any period in which the issue whether a domestic relations order is a qualified domestic relations order is being determined (by the trustees, by a court of competent jurisdiction, or otherwise), the trustees shall segregate in a separate account in the fund the amounts that would have been payable to the alternate payee during such period if the order had been determined to be a qualified domestic relations order.

1. To the extent that the domestic relations order is determined to be qualified, the fund shall pay the segregated amounts, plus any interest on them, to the person or persons entitled to them according to the terms of the order. In the case of determinations appealed under these procedural rules, the payment shall be made not less than 10 days nor more than 30 days after the issuance of the trustees' disposition of the appeal.

2. To the extent that the domestic relations order is determined not to be qualified, the fund shall pay the segregated amounts, plus any interest on them, to the person or persons who would have been entitled to such amounts without regard to the terms of the order. In the case of determinations appealed under these procedures, the payment shall take place not less than 10 days nor more than 30 days after the issuance of the trustees' disposition of the appeal.

3. To the extent that the issue whether the domestic relations order is qualified is not resolved within 18 months after the fund receives notice of the order, the trustees shall pay the segregated amounts, plus any interest on them, to the person or persons who would have been entitled to these amounts without regard to the terms of the order.

La. Admin. Code tit. 58, § V-111

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 23:1305 (October 1997).

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