§ 2.28.270. Qualified domestic relations orders.

As used in this section, the term "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in Section 414(p) of the Internal Revenue Code of 1954, as amended. The city shall not be a party to any action under Article 10 of Chapter 60 of the Kansas Statutes Annotated but is subject to orders from such actions issued by the district court of the county where such action was filed and may also accept orders which it deems to be qualified under this section from courts having jurisdiction of such actions outside the State of Kansas. Orders from such actions shall specify either a specific amount or specific percentage of the amount of the benefit or any accumulated contributions due and owing from the fund and to be distributed to the alternate payee. The order must contain the following information:

(a)

Name, address and social security number of the employee and alternate payee;

(b)

Clearly identifies the appropriate Wichita retirement system and plan;

(c)

Creates or recognizes the existence of an alternate payee's rights to, or assigns to an alternate payee the right to receive a portion of the benefits otherwise payable to the employee;

(d)

The date of marriage and of divorce/separation;

(e)

Statement that the benefit is payable at the time of retirement of the employee or at the time the employee terminates his or her employment if the employee withdraws his or her contributions from the fund;

(f)

That the benefit is payable only during the lifetime of the retired employee or alternate payee should the alternate payee predecease the employee; and

(g)

Payment to the alternate payee shall be a lump sum if payment to the employee is lump sum, monthly if payment to the employee is monthly;

(h)

An employee who elects to participate in the DROP shall be treated as having retired for the purposes of a qualified domestic relations order.

The order to be qualified cannot allow the calculation of the lump sum payment or monthly benefit to be calculated in a manner which results in a payment or benefit in excess of the limits of the plan; cannot allow the alternate payee to be named as a surviving spouse or a survivor at the death of the retired employee; and cannot allow the alternate payee to name a beneficiary.

(Ord. No. 44-812 § 28)