Idaho State Statutes - Idaho Attorney Directory

(1) An
approved domestic retirement order must meet the following requirements:
(a) Clearly specify that such order applies to the retirement system;
(b) Clearly specify the effective date of the order, which is the date of
divorce or the date of an earlier property settlement agreement
incorporated into the initial divorce decree, the name, account number,
date of birth, sex, and last known mailing address of the member and the
name, date of birth, sex, and last known mailing address of the alternate
payee covered by the order;
(c) Provide for a proportional reduction of the amount awarded to an
alternate payee in the event that benefits available to the member are
reduced by law;
(d) For benefits as defined in chapter 13, title 59, Idaho Code, for
members who are not retired members: (i) clearly specify the amount or
percentage of the member's taxed and tax deferred accumulated
contributions which are to be credited to the segregated account or the
manner in which such amount or percentage is to be determined, and (ii)
clearly specify the member's months of credited service, either by
specific amount or percentage, to be transferred by the retirement system
to the segregated account or the manner in which such amount or percentage
is to be determined. The months of credited service transferred to the
alternate payee shall be proportional to the accumulated contributions
attributable to such months of credited service. Months of credited
service transferred shall be whole months and not partial months;
(e) For benefits as defined in chapter 13, title 59, Idaho Code, for
retired members, clearly specify the amount or percentage of the member's
benefit being paid that the retirement system is to pay to the alternate
payee, or the manner in which such amount or percentage is to be
determined, and if the alternate payee is the member's named contingent
annuitant and is waiving all survivor benefits as the named contingent
annuitant, clearly specify such waiver pursuant to this subsection; and
(f) For benefits as defined in chapter 14, title 72, Idaho Code, clearly
specify the amount or percentage of the member's benefit paid at the time
of retirement which the retirement system is to pay to the alternate
payee, or the manner in which such percentage is to be determined.
(2) An approved domestic retirement order cannot:
(a) Require the retirement system to provide any type or form of benefit
or any option not otherwise provided under the retirement system;
(b) Require the retirement system to provide increased benefits
determined on the basis of actuarial value;
(c) 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 an approved domestic retirement order or a
court order entered prior to July 1, 1998;
(d) Require any action on the part of the retirement system contrary to
its governing statutes or rules other than the direct payment of the
benefit awarded to an alternate payee;
(e) Segregate or attempt to segregate the right to reinstate previous
credited service as provided in section 59-1360, Idaho Code, unless such
credited service has been fully reinstated by full payment of
contributions and interest as provided in section 59-1360, Idaho Code;
(f) Purport to award to the alternate payee any future benefit increases
that are provided or required by the legislature, except as provided in
subsections (6) and (7) of section 59-1320, Idaho Code; or
(g) Require the payment of benefits to an alternate payee before the date
on which the alternate payee attains the earliest retirement age under the
retirement system. However, an alternate payee may take a lump sum
distribution any time prior to receiving a lifetime annuity payment.
(3) In no event shall an approved domestic retirement order cause the
retirement system to pay any benefit or any amount of benefit greater than
would have been paid had the member's account not been segregated.
(4) A party to any domestic retirement order issued prior to July 1,
1998, which distributes benefits defined in either chapter 13, title 59, Idaho
Code, or chapter 14, title 72, Idaho Code, may move the court to modify such
order to comply with the requirements of this section and section 59-1320,
Idaho Code, provided that modifications be limited to issues related to the
distribution of benefits defined in either chapter 13, title 59, Idaho Code,
or chapter 14, title 72, Idaho Code, and that the value of the distribution is
not materially changed.
(5) The alternate payee's social security number shall be provided to the
board before a domestic retirement order is approved under section 59-1320,
Idaho Code, in a manner prescribed by the board.

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