Current through September 17, 2024
Section 303-21-005 - Administrative Hold on Account005.01 NPERS may place an administrative hold on a member's account prohibiting such member from withdrawing the account balance upon receiving written notice from a person claiming an interest in the member's account advising NPERS that proceedings to obtain a domestic relations order have been initiated and requesting an administrative hold on the account to protect their interest in the account.005.02 NPERS shall immediately acknowledge receipt of the request for an administrative hold and shall notify the member and the person claiming an interest in the member's account of the action NPERS will be taking in response thereto.005.03 NPERS shall release an administrative hold placed on the member's account if: 005.03(a) The member is awarded his or her entire benefit by the court and provides NPERS with a certified copy of the court's order;005.03(b) The claim is released by a notarized written statement signed by the person claiming an interest in the member's account or by his or her legal representative;005.03(c) NPERS receives a domestic relations order for qualification and the member's account is segregated accordingly; or,005.03D(d) The person claiming an interest in the member's account does not provide a domestic relations order to be qualified within a reasonable period of time, not to exceed six (6) months, after requesting the administrative hold. Before releasing an administrative hold pursuant to this subsection, NPERS shall notify the person claiming an interest in the member's account, or his or her legal representative, of the intention to release the hold. NPERS shall provide the person claiming an interest in the member's account thirty (30) days within which to file a written objection to such action. For good cause shown, NPERS may extend the administrative hold for an additional period of time.303 Neb. Admin. Code, ch. 21, § 005