1. (1) A participant or alternate payee must submit a certified copy of the final court order, the FLO, to TRS for approval.

2. (2) A FLO is effective upon final approval by TRS and the terms of the FLO will be given effect:

   1. (a) if benefits are not currently payable on the member’s account, at the time benefits become payable on the member’s account; or
   2. (b) if benefits are currently payable on the member’s account, on the first of the month following submission to and approval of the final FLO by TRS.
3. (3) A FLO may not require and TRS will not apply a FLO to a monthly or lump-sum distribution processed for payment by TRS prior to the effective date of the FLO. A distribution has been processed for payment by TRS when the payment has been loaded by TRS to the state’s automated accounts payable system to effectuate electronic funds transfer or issuance and mailing of a check in satisfaction of the distribution obligation, notwithstanding that electronic funds transfer or printing and mailing of the check may not yet have occurred.
4. (4) Costs of reviewing and administering a FLO, including actuarial analysis and attorneys' fees, may be assessed by TRS and charged in equal shares to the parties to the FLO, unless one party is ordered by the court to pay the costs. Amounts owing plus interest thereon at an annualized effective rate of 8% may be offset against payments to be received by the appropriate party.
5. (5) An alternate payee may receive payment by electronic fund transfer upon submission of a properly executed form required by TRS.
6. (6) An alternate payee must promptly inform TRS of any change of name or address.
7. (7) TRS may establish separate benefits for a member and an alternate payee.

Authorizing statute(s): 19-20-201, MCA

Implementing statute(s): 19-20-305, MCA

History: NEW, 1993 MAR p. 2404, Eff. 10/15/93; AMD, 2007 MAR p. 2120, Eff. 12/21/07; AMD, 2008 MAR p. 2619, Eff. 12/25/08; AMD, 2025 MAR, Notice No. 2025-107, Eff. 10/25/25.