§ 12-55. Distribution of marital interests in the plan.  


Latest version.
  • (a)

    In the event that the board is served with a domestic relations order or other legal process purporting to require the payment of any portion of a member's benefit to another person as a result of a dissolution of marriage, the board shall cause such order to be reviewed to determine compliance with the provisions of the plan. If benefits are payable pursuant to a qualified domestic relations order that meets the requirements of a domestic relations order as defined in section 414(p) of the Internal Revenue Code and the requirements for payment to an alternate payee under Florida law, then the applicable requirements of section 414(p) of the Internal Revenue Code will be followed by the plan.

    (b)

    The board of trustees shall be authorized to intervene in any such dissolution of marriage proceeding to ensure that such domestic relations order is otherwise consistent with the distribution of an interest in a public employees retirement plan under state law.

    (c)

    Any cost associated with the modification or correction of such domestic relations orders shall be the responsibility of the plan member.

(Ord. No. 2003-101, § 2(Art. XV), 3-4-03; Ord. No. 2011-111, § 8, 6-21-11)