| (a) A domestic relations order should clearly specify:
(1) the full name and address of the participant and
each alternate payee covered by the order, and attached to the order
must be a Statement of Confidential Information which includes their
respective social security numbers, dates of birth, and other contact
information;
(2) the alternate payee's interest in the plan which,
in the case of an active participant, must be stated as a percent
of participant's accumulated contributions that accrued during the
marriage, and which includes future interest earned on the portion
of accumulated contributions awarded to alternate payee. A domestic
relations order that is entered after the participant has retired
under a service or disability retirement must clearly specify that
participant's annuity is divided into two single life annuities as
described in §109.6 of this title, with one such life annuity
being the alternate payee's interest in the plan; and
(3) whether the order applies only to benefits under
this system or, if not, to what other plans the order applies, and
in what manner.
(b) A domestic relations order does not meet the requirements
of this chapter for qualified domestic relations orders if:
(1) it purports to require the system to provide any
type or form of benefit, or any option, not otherwise authorized under
the Act;
(2) it purports to require the system to make any payment
of any benefit or portion thereof at a time not otherwise authorized
under the Act;
(3) it purports to require the payment of benefits
to an alternate payee which are required (or purported to be required)
to be paid to another alternate payee under another order previously
determined by the system to be a qualified domestic relations order
under this chapter (including any such order so determined on an informal
basis prior to adoption of this chapter); or
(4) it is worded in a manner that does not advise the
system (taking into account the provisions of the Act, the wording
of the order, and the provisions of this chapter) in clear and unambiguous
language as to what portion of the benefits that otherwise might be
or become payable to the participant (or to the participant's designee
or estate) are to be paid to each alternate payee under the order.
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