1. (a) The member or the alternate payee may file a QDRO with the Arkansas Teacher Retirement System before the member’s retirement or termination of covered employment.

2. (b)

   1. (1) An alternate payee is eligible to receive benefit payments if the member retires or terminates employment with a covered employer and receives a refund of contributions.
   2. (2) The alternate payee’s portion of the member’s retirement benefits or contributions shall be held in the member’s account until the alternate payee is eligible to receive benefit payments under this subpart.

3. (c) A benefit enhancement enacted by the General Assembly or the Board of Trustees of the Arkansas Teacher Retirement System after entry of a QDRO:

   1. (1) Shall inure to the benefit of the member; and
   2. (2) Shall not be assigned to the alternate payee.

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