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Requirements for an Approved Domestic Relations Order

In order to be implemented, an Approved Domestic Relations Order (ADRO) must accomplish the following:

  1. The domestic relations order must be a judgment, order, decree or approval of a property settlement agreement made under state law;

  2. The order must relate to the provision of child support, spousal support, or marital property rights to a spouse, former spouse, child or dependent of the plan Participant;

  3. The order must create or recognize the existence of the eligible Alternate Payee’s right, or must assign to the Alternate Payee the right to receive all or part of the Participant’s benefits under the Plan for a specified period of time;

  4. The order may not require the payment of any type, form, option or amount of benefit other than that allowed under the Plan, these Plan procedures or the Provider Account(s). Under these Plan procedures, and to the extent permitted under the Provider Account(s), in addition to the forms of payment permitted under the Plan, an Alternate Payee may elect an immediate distribution (including immediate lump sum payment) of his/her assigned benefit under the ADRO even if the Participant would not have been eligible for such immediate distribution if the Participant had (or is) separated from service; and

  5. The order must specify:

    1. The name and last known mailing address of the plan Participant and the name and mailing address of each Alternate Payee;

    2. The retirement plan to which the order applies: "The Massachusetts Optional Retirement Program";

    3. The name of the Provider(s) affected by the Order;

    4. The accounts and investment funds with each Provider affected by the Order;

    5. The amount or percentage of the Participant’s benefits to be paid to the Alternate Payee, including if applicable, how benefits will be affected in the event of the Participant’s or Alternate Payee’s death; and

    6. The number of payments or period to which the order applies, if applicable.

 

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