QDRO C |
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| (TYPE "C" -- Plan Participant Already Retired, Splits Current/Ongoing Benefit Payments)
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. 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" 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 the Plan Participant is retired from the Plan and is receiving a monthly retirement benefit from the Plan; (c) that pursuant to K.S.A. 74-4923(b) [or K.S.A. 20-2618 for Judges], the Plan Participant's monthly retirement benefit under the plan is subject to this Qualified Domestic Relations Order; and (d) that ___________________ is an "Alternate Payee" under this order. 2. Marital Period / Marital Share / Amount Awarded to Alternate Payee. The Alternate Payee shall receive from the Plan a _____ percent (____%) share of the Plan Participant's monthly benefits from the Plan [or the Alternate Payee shall receive $________ per month from the Plan as her share of the Plan Participant's monthly benefits from 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: _______________________________ _______________________________ _______________________________ 4. Alternate Payee's Name and Mailing Address: The name, last known mailing addressSocial Security Number __________________ and Social Security Number of the Alternate Payee is as follows: _______________________________ _______________________________ _______________________________ 5. Obligation of the Parties. It is the obligation of the parties to keep the Plan apprised ofSocial Security Number __________________ 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. Order. On the next benefit payment date after receipt of this order (unless received too late in the month, in which case on the next benefit payment date possible), the Plan shall set aside and pay to the Alternate Payee the percentage, set forth in paragraph 2 above, of the Plan Participant's monthly benefits, and shall continue said monthly payment to the Alternate Payee until the earlier of the death of the Alternate Payee or the death of the Plan Participant. 7. Limitations on Order. Nothing in this order shall require, and this order shall not be construed to require: (a) the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan; or (b) the Plan to provide increased benefits (determined on the basis of actuarial value); or (c) the payment of 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. 8. 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 and to issue further orders as needed to enforce this order. |
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____________________________________
Judge of the District Court (Must be certified by clerk of court.) |
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| Prepared by: | Approved by: | |||||||||||||||||||||
| (Name, address and phone) | (Name, address and phone) | |||||||||||||||||||||
| BY: ____________________________
Attorneys for Alternate Payee |
BY: ____________________________ Attorneys for Plan Participant |
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Information Prepared By: KPERS General Counsel |
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