| (a) A recital in a domestic relations order to the
effect that it is a qualified domestic relations order is not sufficient
to make it qualified under this chapter. To constitute an order a
qualified domestic relations order under this chapter, an order must
be determined, either by the system or by a court of competent jurisdiction,
having actual knowledge of the provisions of this chapter, to meet
the requirements set forth in this section and §109.5 of this
title (relating to Contents of Domestic Relations Order). In making
that determination, the order itself, and any clarification order
entered by a court of competent jurisdiction, and any affidavits or
agreements between the parties that are filed with the system may
be taken into account.
(b) A qualified domestic relations order shall be signed
by the participant and the alternate payee or, in the alternative,
the order submitted to the system shall include proof that the participant
and the alternate payee received a copy of the order.
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