42-1103. Qualified domestic relations order; requirements.
221 words·~1 min read·
/ne/chapter-42/42-1103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A domestic relations order is a qualified domestic relations order only if such order or accompanying document:
(1)Clearly specifies the following:
(a)The name, social security number, and last-known mailing address, if any, of the member;
(b)The name, social security number, and last-known mailing address, if any, of the alternate payee covered by the order;
(c)The statewide public retirement system or systems to which the order applies;
(d)The number of payments or period to which such order applies; and
(e)The amount or percentage of the member's benefits to be paid by each statewide public retirement system to each alternate payee or the manner in which such amount or percentage is determined;
(2)Does not require a statewide public retirement system to provide any type or form of benefit, or any option, not otherwise provided under the plan;
(3)Does not require a statewide public retirement system to provide increased benefits determined on the basis of actuarial value;
(4)Does not require a statewide public retirement system to pay to an alternate payee benefits which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and
(5)Does not require the payment of benefits to an alternate payee before the earliest retirement date of a member.