As used in this subpart:

1. (1) "Alternate payee" means a spouse, former spouse, child, or other dependent of a member under Arkansas law;
2. (2) “Application”, for the purpose of retirement eligibility, means an application form and any other documents required by the Arkansas Teacher Retirement System to establish a member’s eligibility to retire;
3. (3) “Immediately eligible”, for the purpose of survivor annuity benefits, means a survivor of an active member who at the time of his or her death would have been eligible to receive benefits and could have retired from the Arkansas Teacher Retirement System;
4. (4) “Legal parent” means the biological father or mother of a child or the adoptive father or mother of a child;
5. (5) "Lump-sum death beneficiary" means one (1) or more persons or entities designated in writing by the member to receive payment of the lump-sum death benefit under Arkansas Code § 24-7-720;
6. (6) "Lump-sum death benefit" means a monetary amount set by the Board of Trustees of the Arkansas Teacher Retirement System, and paid by the Arkansas Teacher Retirement System to one (1) or more lump-sum death beneficiaries;

7. (7) "QDRO" means a court order that:

   1. (A) Meets the definition of a qualified domestic relations order under Arkansas Code § 9-18-101; or
   2. (B) Assigns a portion of a member’s retirement benefit to an alternate payee upon the member’s retirement or a refund of the member’s contributions at the request of the member; and

8. (8) “Qualifying member” means:

   1. (A) For the purposes of eligibility for a lump-sum death benefit, a member or retiree to whom one (1) of the following categories apply:

      1. (i) The member:

         1. (a) (a) Is deceased;
         2. (b) (b) Was an active member of the Arkansas Teacher Retirement System before July 1, 2007; and
      2. (c) (c) Has five (5) or more years of actual service, including actual service for the year immediately preceding his or her death;

      3. (ii) The member:

         1. (a) (a) Is deceased;
         2. (b) (b) Was an active member of the Arkansas Teacher Retirement System on or after July 1, 2007; and
      4. (c) (c) Has ten (10) or more years of actual service, including actual service for the year immediately preceding his or her death;

      5. (iii) The retiree:

         1. (a) (a) Dies before July 1, 2007; and
         2. (b) (b) Has accrued five (5) or more years of actual service, including actual service, for the year immediately preceding his or her death; or

      6. (iv) The retiree:

         1. (a) (a) Dies on or after July 1, 2007; and
         2. (b) (b) Has accrued ten (10) or more years of actual service, including actual service for the year immediately preceding his or her death; or

   2. (B) For the purpose of an eligible survivor qualifying for survivor annuity benefits under Arkansas Code § 24-7-710, a member who:

      1. (i) Is an active member;
      2. (ii) Has at least five (5) years of actual service and reciprocal service, including credited service for the year immediately preceding his or her death; and
      3. (iii) Is active as provided in Arkansas Code § 24-7-710(f) and this subpart.

Codification Notes: “QDRO” means qualified domestic relations order.