Page:United States Statutes at Large Volume 98 Part 2.djvu/273

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1433

tion and by using an interest rate not greater than the interest rate which would be used (as of the date of the distribution) by the Pension Benefit Guaranty Corporation for purposes of determining the present value of a lump sum distribution on plan termination. "(h) For purposes of this section— "(1) the term 'vested participant' means any participant who has a nonforfeitable right (within the meaning of section 3(19)) to any portion of the accrued benefit derived from employer contributions, "(2) the term 'annuity starting date' means the first day of the first period for which an amount is received as an annuity (whether by reason of retirement or disability), and "(3) the term 'earliest retirement age' means the earliest date on which, under the plan, the participant could elect to receive retirement benefits. "(i) A plan may take into account in any equitable manner (as determined by the Secretary of the Treasury) any increased costs resulting from providing a qualified joint or survivor annuity or a qualified preretirement survivor annuity. "(j) In prescribing regulations under this section, the Secretary of the Treasury shall consult with the Secretary of Labor.". (b) CLERICAL AMENDMENT.—The table of contents in section 1 is amended by striking out the item relating to section 205 and inserting in lieu thereof the following new item: "Sec. 205. Requirement of joint and survivor annuity and preretirement survivor annuity.", SEC. 104. SPECIAL RULES FOR ASSIGNMENTS PROCEEDINGS.

IN DIVORCE. ETC.,

(a) IN GENERAL.—Section 206(d) (29 U.S.C. 1056(d)) is amended by adding at the end thereof the following new paragraph: "(3)(A) Paragraph (1) shall apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, except that paragraph (1) shall not apply if the order is determined to be a qualified domestic relations order. Each pension plan shall provide for the payment of benefits in accordance with the applicable requirements of any qualified domestic relations order. "(B) For purposes of this paragraph— "(i) the term 'qualified domestic relations order' means a domestic relations order— "(I) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and "(II) with respect to which the requirements of subparagraphs (C) and (D) are met, and "(ii) the term 'domestic relations order' means any judgment, decree, or order (including approval of a property settlement agreement) which— "(I) relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant, and "(II) is made pursuant to a State domestic relations law (including a community property law).

29 USC 1002.