Determination Of Qualified Order

(1) Any determination that an order is a QDRO is voidable or subject to modification if the retirement system determines that the provisions of the order have been changed or that circumstances relevant to the determination have changed. (2) If the director or designee determines that an order is not a QDRO, the notice shall identify the provisions of the order that do not meet the requirements of applicable statutes or rules. (3) Any determination by the director or the director’s designee that an order is not a QDRO is a final decision by the retirement system. No appeal to the board of trustees is authorized. A party adversely affected by a determination may file a motion for reconsideration with the director no later than thirty (30) days after the date such determination is rendered if the party wishes to contest the determination. The director will review the motion for reconsideration as a lesser appeal as defined in Chapter 1700-03-02.