HAR §6-40-6. Review of proposed domestic relations orders

(a) A person who wishes to have the system review a proposed domestic relations order to establish whether it meets the requirements for a Hawaii domestic relations order shall complete and submit to the system a request for review form furnished by the system, a copy of the proposed order, and the filing fee. The request for review shall include an address and telephone number at which the person requesting the review may be contacted. If the order has been entered by a court, the order must be certified by the clerk of the court that entered the order. (b) The person requesting review of proposed domestic relations order must be the member, the former member with vested benefit status, the retirant, the spouse or former spouse of the member, former member with vested benefit status, or retirant, or an authorized representative of any of the foregoing. If the spouse or former spouse of a member, former member with vested benefit status, or retirant, or an authorized representative of either of the foregoing is the person requesting review of a proposed domestic relations order, the person requesting the review shall also submit a copy of the complaint for divorce, or divorce decree, certified by the clerk of the court in which the complaint was filed, for the action in which the proposed domestic relations order is proposed to be entered. (c) Upon completion of the system’s review of a proposed domestic relations order, the system shall not issue a determination that a proposed domestic relations order is or is not a Hawaii domestic relations order, but shall issue a notification to the person requesting the review whether or not the proposed order meets the requirements for a Hawaii domestic relations order. (d) The system is not required to notify a member, former member with vested benefit status, or retirant of the system’s receipt of a proposed domestic relations order for review or issuance of notification under this section; provided 40- 14 5365 that the system may confirm whether the system has received a proposed order for review or issued a notification if a member, former member with vested benefit status, or retirant asks the system whether the system has received a proposed domestic relations order for review or issued a notification under this section. (e) The system’s notification whether or not a proposed order meets the requirements for a Hawaii domestic relations order is advisory only and is not a determination by the system that the proposed order is or is not a Hawaii domestic relations order. [Eff ] (Auth: §88-28 and 88-93.5) (Imp: §88-93.5) §6-40-7 Review of domestic relations orders for qualification as Hawaii domestic relations orders. (a) A person who wishes to have the system review a domestic relations order entered by a court to establish whether it meets the requirements for a Hawaii domestic relations order shall complete and submit to the system a request for review form furnished by the system, a copy of the order, certified by clerk of the court that entered the order, and the filing fee. The request for review shall include an address and telephone number at which the person requesting the review may be contacted. (b) The person requesting review of a domestic relations order entered by a court must be the member. the former member with vested benefit status, the retirant, the spouse or former spouse of the member, the former member with vested benefit status, or retirant, or an authorized representative of any of the foregoing. (c) If a domestic relations order is submitted for review after it has been entered by the court and is thereafter amended with the intention that it shall be a Hawaii domestic relations order, the member, retirant, or the alternate payee shall submit a certified copy of the amended order to the system. The system shall review any amended order that it receives according to the same rules applicable to all other orders, including payment of processing fees and costs. (d) Upon completion of the system’s review of a domestic relations order that has been entered by a court, the system shall issue to the member, former member with vested benefit status, or retirant and the alternate payee, a determination, in writing, that the order is or is not a Hawaii domestic relations order, identifying any requirements that the order does not meet. 40-15 5 3 ( (e) A determination by the system that a domestic relations order is not a Hawaii domestic relations order shall be subject to review as provided in chapter 91, HRS, and the system’s rules relating to contested cases. [Eff I (Auth: §88-28 and 88-93.5) (Imp: §88-93.5) jj 01 zoZfl §6-40-8 Fees and charges for review and processing of domestic relations orders or proposed domestic relations orders. (a) The system shall post on the system’s website fees and charges, approved by the system’s board of trustees at a meeting of the board duly noticed as provided by section 92-7, HRS, for the review and processing of domestic relations orders and proposed domestic relations orders; (1) The fees paid shall be used only and directly for defraying the costs to the system of providing the processing and review of the proposed and domestic relations orders. including any required legal and actuarial costs; and (2) The filing fees shall be reasonably based on estimated costs of system staff processing and review of actual or proposed domestic relations orders. Charges for legal or actuarial services shall be reasonably based on estimated time required, and actual or reasonably estimated hourly rates for legal and actuarial services. or other commercially reasonable methods of determining such charges. (b) Before the system incurs any charges for actuarial or legal services, the system shall notify the person who requested the review of the order or proposed order of any legal or actuarial services that the system needs as part of the review. The notification of legal or actuarial services shall include an estimate of the extent of the services and the estimated charges for the services. The estimated charges for the services shall be paid to the system before the system commences review of the order or proposed order. The actual charges for legal and actuarial services shall be paid to the system before the system issues a determination or notification in response to a request for review of a domestic relations order or proposed domestic relations order. (c) A filing fee for review of a domestic relations order or proposed domestic relations order shall be paid each time an order or proposed order is - 40 16 3365 submitted for review by the system, even though the order or proposed order was previously submitted to the system for review. [Eff a 2O2 (Auth: §88-28 and 88-93.5) (Imp: §88-93.5) SUBCHAPTER 3 PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS §6-40-9 Withdrawal of accumulated contributions or hypothetical account balance. (a) If a Hawaii domestic relations order provides for payment to an alternate payee of all or a portion of a member’s or former member’s with vested benefit status accumulated contributions or hypothetical account balance upon termination of membership in the system by withdrawal of the members or former member’s with vested benefit status accumulated contributions or hypothetical account balance, the system shall notify the alternate payee, at the address provided by alternate payee pursuant to section 6-40-4, of the member’s or former member’s with vested benefit status request for withdrawal of accumulated contributions or hypothetical account balance. (b) The system shall pay the alternate payee in accordance with the Hawaii domestic relations order upon the later of: (I) The date on which the member’s or former member’s with vested benefit status portion of the member’s or former members with vested benefit status accumulated contributions or hypothetical account balance is payable to the member or former member’s with vested benefit status; 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; provided that an alternate payee shall not be entitled to any portion of a member’s or former member’s with vested benefit status accumulated contributions or hypothetical account balance under a Hawaii domestic relations order that is determined to be a Hawaii domestic relations order more than eighteen months after the date on which the member’s or former member’s with vested benefit status portion of the member’s accumulated contributions or hypothetical account balance is payable to the member. 40-17 3365 (c) Payment to the alternate payee after the date on which the member’s or former member’s with vested benefit status portion of the member’s or former member’s with vested benefit status accumulated contributions or hypothetical account balance is payable to the member or former member’s with vested benefit status shall be without interest. (d) An alternate payee under a Hawaii domestic relations order may be considered a “distribute’ içr the purposes of section 6-28-10. [Eff .fliL 0 1 cL2I I (Auth: §88-28 and 88-93.5) (Imp: §88-93.5)