Page:United States Statutes at Large Volume 98 Part 2.djvu/286

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1446

PUBLIC LAW 98-397—AUG. 23, 1984 "(A) 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, "(B) 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, "(C) the number of payments or period to which such order applies, and "(D) each plan to which such order applies. "(3) ORDER MAY NOT ALTER AMOUNT, FORM, ETC., OF BENEFITS.—

A domestic relations order meets the requirements of this paragraph only if such order— "(A) does not require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, "(B) does not require the plan to provide increased benefits, (determined on the basis of actuarial value), and "(C) 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. "(4) EXCEPTION FOR CERTAIN PAYMENTS MADE AFTER EARUEST RETIREMENT AGE.—

Ante, p. 1441.

26 USC 411.

"(A) IN GENERAL.—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 subparagraph (A) of paragraph (3) 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 earliest 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 the benefits actually accrued and not tsddng 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 clause (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. "(B) EARLIEST RETIREMENT AGE.—For purposes of this paragraph, the term 'earliest retirement age* has the meaning given such term by section 417(fK3), except that in the case of any defined contribution plem, the earliest retirement age shall be the date which is 10 years before the normal retirement age (within the meaning of section 411(a)(8)). "(5) TREATMENT OF FORMER SPOUSE AS SURVIVING SPOUSE FOR PURPOSES OF DETERMINING SURVIVOR BENEFITS.—To the extent

provided in any qualified domestic relations order—