Page:United States Statutes at Large Volume 98 Part 2.djvu/274

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1434

Ante, p. 1429.

PUBLIC LAW 98-397—AUG. 23, 1984

"(C) A domestic relations order meets the requirements of this subparagraph only if such order clearly specifies— "(i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered by the order, "(ii) the amount or percentage of the participant's benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined, "(iii) the number of payments or period to which such order applies, and "(iv) each plan to which such order applies. "(D) A domestic relations order meets the requirements of this subparagraph only if such order— "(i) does not require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, "(ii) does not require the plan to provide increased benefits (determined on the basis of actuarial value), and "(iii) does not 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 a qualified domestic relations order. "(E)(i) In the case of any payment before a participant has separated from service, a domestic relations order shall not be treated as failing to meet the requirements of clause (i) of subparagraph (D) solely because such order requires that payment of benefits be made to an alternate payee— "(I) on or after the date on which the participant attains (or would have attained) the eeirliest retirement age, "(II) as if the participant had retired on the date on which such payment is to begin under such order (but taking into account only the present value of benefits actually accrued and not taking into account the present value of any employer subsidy for early retirement), and "(III) in any form in which such benefits may be paid under the plan to the participant (other than in the form of a joint and survivor annuity with respect to the alternate payee and his or her subsequent spouse). For purposes of subclause (II), the interest rate assumption used in determining the present value shall be the interest rate specified in the plan or, if no rate is specified, 5 percent, "(ii) For purposes of this subparagraph, the term 'earliest retirement age' has the meaning given such term by section 205(h)(3), except that in the case of any individual account plan, the earliest retirement age shall be the date which is 10 years before the normal retirement age. "(F) To the extent provided in any qualified domestic relations order— "(i) the former spouse of a participant shall be treated as a surviving spouse of such participant for purposes of section 205, and "(ii) if married for at least 1 year, the former spouse shall be treated as meeting the requirements of section 205(f). "(G)(i) In the case of any domestic relations order received by a plan— "(I) the plan administrator shall promptly notify the participant and any other alternate payee of the receipt of such order