Marital Property Valuation - 401(A) Defined Benefit Account - Oklahoma Teachers Retirement System Page 3

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II.
ALTERNATE PAYEE AWARD
Payment to an Alternate Payee will be made in the like manner and at the same time payment is
made to the member. 70. O.S. §17-109(B)(7). Only the benefits accrued during the term of the
marriage (outlined in A below) are subject to the percentage amounts listed in B and/or C. Note:
If both percentage amount and dollar amounts are listed, the lesser of the two will be applied as
award for the Alternate Payee. Modifications may be made to this QDO as outlined in D.
A. Marital Property Subject to Division. This Order assigns a portion of the 401(a) defined
benefit plan to the Alternate Payee in recognition of marital property rights accrued from
________________ (date of marriage or union) to _________________ (date of divorce or
dissolution).
Where percentage amounts are indicated below within B and/or C, the
percentage amount is applied to the portion of benefits accrued during the term of marriage
outlined above. Note: If both percentage and dollar amounts are listed in B and/or C below,
the lesser of the two will be applied.
B. Death or Withdrawal Award (Lump Sum Amount) 70 O.S. § 17-109(B)(5)(b). In the
event the Member dies or elects to withdraw his/her accumulated contributions (in lieu of
taking a lifetime retirement benefit outlined below in paragraph C), the Alternate Payee is
awarded a lump sum amount of $______________ OR____________ % of the Member’s
accumulated contributions plus interest.
C. Retirement Award (Monthly Payment Amount) 70 O.S. § 17-109(B)(5)(c). In the event the
Member applies to retire and begin his/her lifetime monthly benefit from OTRS (in lieu of
withdrawing the account outlined in II.B.), the Alternate Payee is awarded $______________
OR ____________ % of the monthly benefit for a period not to exceed the lifetime of either
the Member or the Alternate Payee. Unless death occurs before this obligation is fulfilled,
the Alternate Payee shall receive this monthly payment over the period of (select only one):
1. ____ the lifetime of the Member OR
2. ____
certain number of payments until ________ monthly payments have been paid.
3. ____ certain amount of award until the award of $________________ is paid in full.
D. Modification(s)/Amendment(s) to QDO. 715:10-25-5. Indicate which, if any, of the
following modifications are to be applied to this QDO.
1. _____ Terminate alternate payee monthly benefits upon remarriage of the alternate
payee. Note: Monthly Payment will terminate upon OTRS receipt of a certified copy of
a marriage license or a copy of a certified order issued by the court declaring remarriage
of alternate payee.
2. _____ Terminate alternate payee rights to joint annuitant retirement contract.
Retirement contracts with joint annuitant options (Option 2 or Option 3) pop up to
Maximum Benefit if joint annuitant predeceases member. Selecting this item allows
OTRS to change the retirement option as if the alternate payee predeceased the member.
3. _____ Additional Modifications are included as separate documents or attachments.
All attachments must be listed as II.D.3 to allow it to be approved as part of this QDO.
NOTE: T
he Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as
necessary to establish or maintain its qualification as a Qualified Domestic Order; provided,
however, neither this Order nor any subsequent revision, modification, or amendment shall require
OTRS to provide a form or amount of benefits not otherwise provided by OTRS and the
amendments must be approved by OTRS.
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