QDRO B

SUGGESTED MODEL QDRO FOR KPERS/KP&F
(TYPE "B" -- Plan Participant Vested, Long-Time Marriage, Splits Future Benefits Payments)

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

In the Matter of the Marriage of	)
	)
_________________	)	Case No.
and	)	Div. No.
	)
_________________	)
	)
____________________________________	)
Proceeding under K.S.A. Chapter 60

QUALIFIED DOMESTIC RELATIONS ORDER

NOW ON THIS _______[date]________ , the above-entitled matter came on upon the

application of the parties for a Qualified Domestic Relations Order under the Internal Revenue

Code and the Kansas Public Employees Retirement System Act. Pursuant to the authority

reserved in the Decree of Divorce previously herein entered, the Court, having examined and

considered the pleadings filed herein, and being well and fully advised in the premises, finds the

following facts and issues the following orders:

1. Plan Participant / Alternate Payee. The Court finds (a) that ____________________ is

a "Plan Participant" or "Participant" of the Kansas Public Employees Retirement System [or the

Kansas Police and Firemen's Retirement System / or the Retirement System for Judges] ("the

Plan"); (b) that pursuant to K.S.A. 74-4923(b) [or K.S.A. 20-2618 for Judges], the Plan

Participant's accrued benefits under the plan are subject to this Qualified Domestic Relations

Order; (c) that ___________________ is an "Alternate Payee" under this order; and (d) that

____________________ shall be the Date of Division, from and after which the Alternate

Payee's award under this order shall accrue interest in the same manner and at the same rate as

interest is credited to the Plan Participant's Accumulated Contributions Account ("Account").

2. Marital Period . The Plan Participant and the Alternate Payee were married on

________________. [Specify either the date of marriage, or the date of participation in the Plan,

whichever is later.] They were divorced [or separated] on _________________________.

The total number of marital months to be used in determining the Alternate Payee's share of the

Plan Participant's accrued benefits under the Plan is _______ months. [Marital months cannot

exceed months of participation in the Plan.]

3. Plan Participant's Name and Mailing Address: The name, last known mailing address

and Social Security Number of the Plan Participant is as follows:

_______________________________

Social Security Number __________________

4. Alternate Payee's Name and Mailing Address: The name, last known mailing address

and Social Security Number of the Alternate Payee is as follows:

_______________________________

Social Security Number __________________

5. Obligation of the Parties. It is the obligation of the parties to keep the Plan apprised of

their respective current mailing addresses and / or current instructions as to automatic deposit of

funds. The parties are directed to timely submit to the administrator of the Plan all documents

that are required to implement this order. The Plan Administrator is the Kansas Public

Employees Retirement System, 611 S. Kansas, Suite 100, Topeka, KS 66603-3803.

6. Determination of Amount Awarded to Alternate Payee. The Court determines that the

amount of the award to the Alternate Payee from the Participant's eventual retirement benefits

under the Plan cannot be expressed at this time, either as a dollar amount or a specific percentage

of the Participant's monthly retirement benefit, because neither the Plan nor the Court can

determine how long the Participant will continue to accrue retirement credits as a Participant in

the Plan before beginning to receive benefits. The Court may, therefore, if necessary, determine

the amount of the award to the Alternate Payee using the "reserve jurisdiction" method at the

time such information becomes available.

7. Alternate Payee to be Designated as Beneficiary. The Alternate Payee shall be

designated as at least a co-primary beneficiary, with no more than one other primary beneficiary

allowed to be named by the Participant, to receive at least one-half of the Participant's refundable

Account and group term life insurance proceeds, should Participant die before retirement.

8. Alternate Payee to be Named as Survivor / Joint and Survivor Annuity. At retirement,

the Participant shall select a joint and survivor annuity benefit, naming the Alternate Payee as

survivor, with not less than one-half of the Participant's benefit to be paid to the Alternate Payee

upon the Participant's death, should the Alternate Payee survive the Participant ("joint and one-

half" annuity option).

9. Alternate Payee to Receive a Portion of Pre-Retirement Withdrawals. In the event the

Participant's Account, or any portion thereof, becomes payable to the Participant as a result of

the Participant's termination of employment and withdrawal of contributions from the Plan, the

Plan shall pay to the Alternate Payee the "Marital Portion" of the Participant's Account equal to

fifty percent (50%) of the Account balance accrued during the marriage of the Participant and the

Alternate Payee, with interest thereon to the Alternate Payee from the Date of Division until the

event of distribution.

10. Method of Calculation of Alternate Payee's Award. Upon the Participant's retirement,

the Court will exercise its reserve jurisdiction authority at that time, to order the Plan to pay, to

the Alternate Payee, a Marital Portion of the Participant's monthly benefit. Such Marital Portion

shall be in such amount or amounts as may be determined by the Court through the application of

the following formula:

		50%	x	MM TM	x	MB	=	Marital Portion
where:	50% "MM" "TM" "MB"	is the Alternate Payee's percentage share, is the number of months the parties were married (but not more than "TM"), is the number of months of the Participant's participation in the Plan, and is the monthly Plan benefit payable to the Participant upon retirement, as reduced by election of the joint and one-half survivor option described in paragraph 8 above.

11. Accrual of Interest on Alternate Payee's Marital Portion. From and after the Date of

Division, the Alternate Payee's marital portion of the Account shall accrue interest at the same

rate and in the same manner as interest is credited to the Participant's portion of the Account

until distribution shall occur.

12. Accrual of Interest on Participant's Account. All contributions to the Participant's

Account made after the Date of Division shall accrue solely to the Participant's portion of the

Account, together with interest thereon, until the event of distribution.

13. Limitations on Order. Nothing in this Order shall require, and this Order shall not be

construed to require the Plan to: (a) provide any type or form of benefit or any option not

otherwise provided under the Plan; or (b) provide increased benefits (determined on the basis of

actuarial value) to the Alternate Payee; or (c) pay benefits to the Alternate Payee which are

required to be paid to another Alternate Payee under another Order previously determined to be a

Qualified Domestic Relations Order.

14. Retention of Jurisdiction. The Court shall retain jurisdiction over the allocation and

transfer to the Alternate Payee of the marital portion of Participant's benefits or Account balance

as the case may be, and to issue further Orders as needed to enforce this Order.

		____________________________ District Judge
NAME OF LAW FIRM Address and Telephone Number
BY:	_______________________________ Attorneys for Alternate Payee
NAME OF LAW FIRM Address and Telephone Number
BY:	_______________________________ Attorneys for Plan Participant
		(Must be Certified by Clerk of Court)