1700-09-01-.06
Requirements For A Valid Qdro
Cite as Tenn. Comp. R. & Regs. 1700-09-01-.06
The deferred compensation program will accept a court order as a valid QDRO that meets all of the
following requirements:
(1)
The order must create or recognize the right of an alternate payee to all or a portion of a
participant’s account.
(2)
The order must contain the name, current mailing address, date of birth, and social security
number of the participant.
(3)
The order must contain the name, current mailing address, date of birth, and social security
number of the alternate payee.
(4)
The order must contain the amount or percentage of the participant’s account, distribution, or
payments to be paid by the plan to the alternate payee, or a description of how to calculate
the amount or percentage.
(5)
The order must contain the number of payments or the period of time to which the order
applies if the participant is receiving periodic or annuity payments.
QUALIFIED DOMESTIC RELATIONS ORDERS
CHAPTER 1700-09-01
(6)
If the participant receives lump sum payments in addition to periodic payments, the order
must specify a separate proportion or fixed amount to be applied to the lump sum payments.
Otherwise the lump sum payments will not be divided.
(7)
The order must include a specified distribution or payment that is of a type or form permitted
under the plan.
(8)
The order must not include a specified amount or duration of the payment to the alternate
payee that is greater than that available to the participant under the plan.
(9)
The order must not grant the alternate payee payment of any benefits that have already been
awarded to another alternate payee under another order previously determined to be a
QDRO.
(10) The order may specify an alternative method for the parties to verify their social security
numbers to the deferred compensation program, if the court finds that omission of the
numbers in the order is necessary to reduce the risk of identity theft. The order is not a
QDRO if the deferred compensation program finds that the method of verification is
insufficient for the purpose of payment of benefits or reporting of income for tax purposes.