(a) In accordance with Acts 1993, No. 1143, the Arkansas Judicial Retirement System will comply with qualified domestic relations orders issued by circuit courts in the State of Arkansas that meet the following conditions:
- (1) The qualified domestic relations order is issued in accordance with all provisions of the model qualified domestic relations order adopted by the Board of Trustees of the Arkansas Judicial Retirement System;
- (2) The qualified domestic relations order, as specified in Section 1(3)(c) of Acts 1993, No. 1143, does not require the system to provide any type or form of benefit, or pay options not otherwise available under the system, does not require the system to provide increased benefits, and does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order;
- (3) The qualified domestic relations order is issued on or after the effective date of Acts 1993, No. 1143;
- (4) The system will review qualified domestic relation orders for compliance with this rule and notify appropriate parties of its findings;
(5) Payments to the alternate payee shall commence on the earlier event:
- (A) Participating member ceases employment in a covered position and requests a refund of contributions; or
- (B) When the participating member retires; and
(6) The alternate payee’s benefit will be based on the service covered for:
- (A) The duration of the marriage;
- (B) The member’s salary at the time of divorce; and
- (C) The retirement laws in effect at the time of the member’s retirement;
(b) In those instances where the alternate payee selects alternative B under Section III, Duration of Payments to Alternate Payee of the model qualified domestic relations order, the actuary will use the following guidelines in computing an equivalent benefit to be paid for the alternate payee’s lifetime:
- (1) The interest rate will be the valuation rate;
- (2) The Mortality Table will be the “50/50 Table”; and
- (3) The age used in the computation shall be the attained age at the last birth date prior to the effective date of the qualified domestic relations order.
Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “RULE 18 – May 6, 2004 – QUALIFIED DOMESTIC RELATIONS ORDERS (QDRO’s)”.