An order on a prescribed form pre-approved by the system 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
relations order.
(4) The order shall not be interpreted in any way to
require the payment of benefits to an/any Alternate Payee before the
retirement of Participant, the distribution of a withdrawal of contributions
to Participant as authorized by the statutes governing the Plan, or
other distribution to Participant required by law.
(5) 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
proportionate amount.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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
(A) An annuity payable in equal monthly installments
for the life of the Alternate Payee, or
(B) A lump sum, then and in that event the Plan is
authorized to make such a payment under the order.
(11) All payments to Alternate Payee under the order
shall terminate upon Alternate Payee's death or at such earlier date
as may be required as a result of the retirement option selected by
Participant.
(12) All benefits payable under the Plan, other than
those payable under the express terms of the order to Alternate Payee,
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.
(13) Alternate Payee is ORDERED to report any retirement
payments received on any applicable income tax return, and to 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.
(14) 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 is ORDERED
to 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.
(15) 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.
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