HAR §6-40-11
HAR §6-40-11. Pre-retirement domestic relations orders under review
Length: 270 wordsOfficial source
Cite as Haw. Code R. § 6-40-11
(a)
When the system receives a retirement application from a member or former
member with vested benefit status who is eligible to receive a retirement benefit
and whose retirement benefits are subject to a domestic relations order, a certified
copy of which has been provided to the system for review for qualification as a
40- 18
Hawaii domestic relations order, the system shall notify the alternate payee named
in the order, at the address provided by the alternate payee pursuant to section 6
40-4, of the member’s application for retirement benefits.
(b) If the domestic relations order is determined to be a Hawaii domestic
relations order, the system shall pay the alternate payee as provided in section 6
40-10(b); provided that, if the domestic relations order is determined to be a
Hawaii domestic relations order more than eighteen months after the member’s or
former member’s with vested benefit status retirement benefits commence,
payments to the alternate payee shall commence on the first day of the month
following the later of:
(1)
The determination that the Hawaii domestic relations order is a
Hawaii domestic relations order; or
(2)
Receipt by the system of alternate payee’s claim for payment and
all supporting documentation required by the system for payment
to the alternate payee;
(c) If the domestic relations order is determined not to be a 1-lawail
domestic relations order within eighteen months after the members retirement
benefits commence, payments to the alternate payee may only be made pursuant
to a qualified retirement Hawaii domestic relations order as provided in section
6-40-12. [Eff
JuL 01 202q
I (Auth: §88-28 and 88-93.5)
(Imp: §88-93.5)