- A. Intent and Construction. These procedural rules are adopted in order to satisfy the requirements of R.S. 11:291 and 292 and shall be construed consistently with this purpose.
- B. The purpose of these rules is to establish the board’s willingness to recognize and enforce any QDRO that meets the requirements set forth herein.
C. A QDRO must clearly specify:
- 1. the name and last known mailing address of the participant and the name and mailing address of each alternate payee covered by the order or, in the event the alternate payee is a minor or legally incompetent, the name and address of the alternate payee’s guardian;
- 2. the amount or percentage of the participant’s benefits to be paid by the fund to each alternate payee, or the manner in which such amount or percentage is to be determined;
- 3. the number of payments or the period to which such order applies; and
- 4. the name and identify of the fund.
D. The board shall not honor the terms of any order that requires the fund:
- 1. to provide any type or benefits, or any option, not otherwise provided under the fund.
- 2. to provide increased benefits (determined on the basis of actuarial value).
- 3. to pay benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO.
- 4. to pay benefits to an alternate payee prior to the date the participant terminates employment and begins receiving pension benefits from the fund.
- 5. that allows the alternate payee to elect a form of benefit payable in any manner other than over the life of the participant when the order is presented to the fund after the participant has already begun receiving pension benefits.
- 6. to pay benefits to an alternate payee in any manner other than over the life of the alternate payee when the order is presented to the fund before the participant begins to receive pension benefits.
- E. Participant—for purposes of this section, any employee or former employee in relation to the fund, who is or may become eligible to receive a benefits of any type from the fund, and who is the individual whose benefits under the fund are being divided by the QDRO.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.
Historical Note
HISTORICAL NOTE: Promulgated by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans, LR 5216:501 (June 1990), amended by the Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity, LR 5223:1304 (October 1997), LR 5230:1685 (August 2004), LR 5238:796 (March 2012), amended by the Firefighters’ Pension and Relief Fund for the City of New Orleans and Vicinity, LR 52:223 (February 2026).