1. (a)

   1. (1) If a member cancels his or her retirement, the Arkansas Teacher Retirement System may recoup any benefits paid to an alternate payee from the member, the alternate payee, or both the member and the alternate payee.
   2. (2) If a member cancels his or her retirement, the system may recoup benefits paid to an alternate payee regardless of whether a court enters an order voiding the QDRO approved by system.

2. (b)

   1. (1) If a member does not cancel his or her retirement, the system shall not be required to:

      1. (A) Reimburse the member for benefits that were paid to an alternate payee before an order voiding the QDRO approved by the system was entered by a court; or
      2. (B) Recoup for the member any benefits that were paid to an alternate payee before an order voiding the QDRO approved by the system was entered by a court.
   2. (2) If a court enters an order voiding a QDRO approved by the system, the alternate payee’s portion of benefits shall revert back to the member as of the date on which the court entered the order voiding the QDRO approved by the system.

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