5505-7-08 Division of property orders.

(A) For purposes of this rule:

(1) “Order” means an order described in section 3105.81 of the Revised Code.

(2) “Alternate Payee,” “benefit,” “lump sum payment,” and “participant” have the meanings set forth in divisions (A) to (D) of section 3105.80 of the Revised Code.

(B)

(1) Prior to receiving a payment, an alternate payee shall provide information on a form provided by the retirement system. An alternate payee shall notify the retirement system in writing of any change in the information.

(2) Any benefit or lump sum payment that is owed and unpaid to an alternate payee at the time of the alternate payee’s death shall be paid to the estate of the alternate payee.

(C) Pursuant to section 3105.90 of the Revised Code, an order shall be on the form prescribed by the appendix to this rule.

(D) On or after October 27, 2006, starting with a participant’s next annual benefit increase under section 5505.174 of the Revised Code, the annual increase shall be apportioned between the participant and the alternate payee while an order is in effect.

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Effective: 09/28/2010

R.C. 119.032 review dates: 07/07/2010 and 09/28/2015

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.261, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90

Prior Effective Dates: 7/19/2007, 8/22/2003, 3/23/2003, 1/02/2002 (Emer.), 12/11/2009