13.07.2015 Views

IPERS QDRO Instruction Packet

IPERS QDRO Instruction Packet

IPERS QDRO Instruction Packet

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IntroductionYou are likely reading this packet because you are an <strong>IPERS</strong> Member or the spouse of an <strong>IPERS</strong>Member contemplating dissolution or you are an attorney representing an <strong>IPERS</strong> Member orspouse in a dissolution. If you are the <strong>IPERS</strong> Member or spouse, this packet is not intended aslegal advice and should not replace consultation with an attorney. Specific questions relating toyour dissolution and the equitable split of marital assets and your <strong>IPERS</strong> pension under theshared account method should be directed to an attorney.The following guidelines are to be used when drafting a Qualified Domestic Relations Order(<strong>QDRO</strong>), that divides the marital property of opposite-gender spouses, or an AdministrableDomestic Relations Order (ADRO), that divides the marital property of same-gender spouses.The guidelines comply with Iowa Code § 97B.39 and Iowa Administrative Code 495 IAC 16(97B). The terms <strong>QDRO</strong> or Order are used in the guidelines, but also apply to ADROs.Drafters are encouraged to visit <strong>IPERS</strong>’ website for materials that may be of particularimportance to their specific client’s needs. <strong>IPERS</strong> offers a brochure, Divorce and <strong>IPERS</strong> Benefits,specifically tailored to dissolutions involving <strong>IPERS</strong> members. The brochure is available at:https://www.ipers.org/publications/members/pdf/brochures/qdro.pdf.SUBMITTING A DRAFT ORDER<strong>IPERS</strong> will not review a proposed/draft Order that is not accompanied by:(√)________Administrative Rule Compliance for <strong>QDRO</strong>s form (for each Draft and subsequent Draft)Confidential Information formSUBMITTING A FINAL ORDERIf an Order is final, and has been signed by a judge and file-stamped by the court, <strong>IPERS</strong> willnot review a final Order for qualification that is not accompanied by:(√)________Confidential Information form (if not previously provided with a draft Order)Birth certificate for the Alternate Payee, if the <strong>QDRO</strong> mandates the Member to electOption 4 or 6 at retirement and name the Alternate Payee as contingent annuitant.Effective May 8, 20133

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