072-6 Wyo. Code R. § 6-3

Current through April 27, 2019
Section 6-3 - Policy Provisions

The following rules are promulgated to reflect the policy of the Wyoming Retirement Board on Qualified Domestic Relations Orders. These are intended to provide the courts with a means of determining what divisions of assets are acceptable to the System.

(a) The Wyoming Retirement System provides a monthly benefit at retirement. A Qualified Domestic Relations Order will divide that benefit by a percentage determined by the court. A Qualified Domestic Relations Order will specify a division of the pre-retirement death benefit of the member. In the absence of the order specifying a division of the member's pre-retirement death benefit, such division will not be allowed for the alternate payee.

(b) In accordance with W.S. 9-3-426(c), upon request of the alternate payee, a lump sum refund of the alternate payee's percentage of the member's account shall be paid pursuant to the qualified domestic relations order. Acceptance by the alternate payee of the lump sum refund terminates his right to any further payment or benefit provided by the retirement system. If a member is separated from service and is eligible for retirement but has not yet applied for retirement the alternate payee is considered eligible and can receive a benefit.

(c) In lieu of the order specifying another form of payment allowed under the plan, the benefit for the alternate payee will be based on the life expectancy of the alternate payee. All options available to the member except joint and survivor options will be available to the alternate payee when the benefit is based on the life expectancy of the alternate payee.

(d) An actuarial reduction will be made to the benefit amount of the alternate payee in cases where the alternate payee is younger than the member and the benefit is based on the life expectancy of the alternate payee.

(e) If the alternate payee dies before retirement benefits have begun then all benefits awarded by the order will revert back to the member.

(f) If the member dies prior to retirement, the alternate payee will have the option to receive the proportion of the death benefit available as awarded by the court, or the retirement benefits determined available to the alternate payee at the retirement age of the alternate payee.

(g) In the event the Legislature awards an improvement in retirement benefits, the alternate payee's benefits will be increased to the extent the increase is attributable to years of service during the marriage.

(h) Subsidized early retirement benefits will not be provided to an alternate payee in cases where the alternate payee receives benefits prior to the member reaching age 60 if the member is not yet retired.

(i) The Wyoming Retirement System will not accept a division of a Disability Award when the disabled member is not of retirement age. If the member is of retirement age the distribution will be based on a reduced amount according to the age of the member.

(j) Any payment by the retirement system to an alternate payee in conjunction with a qualified domestic relations order is not subject to the provisions of W.S. W.S. W.S. 9-3-424 and cannot be redeposited by the member.

072-6 Wyo. Code R. § 6-3