An order on the form set forth in §109.13 of this title
(relating to Form of Qualified Domestic Relations Order) expressly
incorporates all of the following by reference.
(1) The order shall not be interpreted in any way to
require the Plan to provide any type or form of benefit or any option
not otherwise provided under the Plan.
(2) The order shall not be interpreted in any way to
require the Plan to provide increased benefits determined on the basis
of actuarial value.
(3) The order shall not be interpreted in any way to
require the Plan to pay any benefits to an/any Alternate Payee named
in the order which are required to be paid to another alternate payee
under another order previously determined to be a qualified domestic
(4) If the Plan provides for a reduced benefit upon
"early retirement," the order shall be interpreted to require that,
in the event of Participant's retirement before normal retirement
age, the benefits payable to Alternate Payee shall be reduced in a
(5) The order shall not be interpreted to require the
designation of a particular person as the recipient of benefits in
the event of Participant's death, or to require the selection of a
particular benefit payment plan or option.
(6) In the event that, after the date of the order,
the amount of any benefit otherwise payable to Participant is increased
as a result of amendments to the law governing the Plan, Alternate
Payee shall receive a proportionate part of such increase unless such
an order would disqualify the order under the rules the Plan has adopted
with regard to qualified domestic relations orders.
(7) In the event that, after the date of the order,
the amount of any benefit otherwise payable to Participant is reduced
by law, the portion of benefits payable to Alternate Payee shall be
reduced in a proportionate amount.
(8) If, as a result of Participant's death after the
date of the order, a payment is made by the Plan to Participant's
estate, surviving spouse, or designated beneficiaries, which payment
does not relate in any way to Participant's length of employment or
accumulated contributions with the Plan, but rather is purely a death
benefit payable as a result of employment or retired status at the
time of death, no portion of such payment is community property, and
Alternate Payee shall have no interest in such death benefit.
(9) If the board of trustees of the Plan has by rule
provided that, in lieu of paying an alternate payee the interest awarded
by a qualified domestic relations order, the Plan may pay the alternate
payee an amount that is the actuarial equivalent of an annuity payable
in equal monthly installments for the life of the alternate payee,
or a lump sum, then and in that event the Plan is authorized to make
such a payment under the order.
(10) All payments to Alternate Payee under the order
shall terminate upon Alternate Payee's death, and Alternate Payee's
beneficiary may be entitled to a benefit under §109.12.
(11) All benefits payable under the Plan, other than
those payable to Alternate Payee as provided in a qualified domestic
order, shall be payable to Participant in such manner and form as
Participant may elect in his/her sole and undivided discretion, subject
only to Plan requirements.
(12) Alternate Payee must report any retirement payments
received on any applicable income tax return, and must promptly notify
the Plan of any changes in Alternate Payee's mailing address. The
Plan is authorized to issue a Form 1099R on any direct payment made
to Alternate Payee.
(13) Participant is designated a constructive trustee
for receiving any retirement benefits under the Plan that are due
to Alternate Payee but paid to Participant. Participant must pay the
benefit defined in this paragraph directly to Alternate Payee within
three days after receipt by Participant. All payments made directly
to Alternate Payee by the Plan shall be a credit against this order.
(14) The Court retains jurisdiction to amend the order
so that it will constitute a qualified domestic relations order under
the Plan even though all other matters incident to this action or
proceeding have been fully and finally adjudicated.