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) The retirement system may retain an order that provides the last four digits of the participant or alternate payee's social security numbers.

(2) Prior to receiving a payment, an alternate payee shall provide the information requested by the retirement system. The retirement system shall not issue payment to the alternate payee until the retirement system receives the information required for payment. An alternate payee shall notify the retirement system in writing of any change in the information.

(3) 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.

(4) The order shall apply to the pension payment contributions to a deferred retirement option plan. The order shall only apply to the active member contributions to a deferred retirement option plan to the extent the contributions were made prior to the effective date of the decree of divorce, dissolution, or legal separation. The order shall not apply to active contribution to a deferred retirement option plan made after the effective date of the decree of divorce, dissolution, or legal separation.

(C) Pursuant to section 3105.90 of the Revised Code, an order shall be on the form prescribed by the appendix to this rule. The retirement system shall accept both the version of the form prescribed by the appendix to former rule 5505-7-08 of the Administrative Code that was effective September 28, 2010, and the version of the form prescribed by the current appendix until June 30, 2014. After June 30, 2014, the retirement system shall only accept the form prescribed by the current appendix.

(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.

Replaces: 5505-7-08

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Effective: 01/16/2014
R.C. 119.032 review dates: 01/16/2019
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, 9/28/2010