TITLE 2 PUBLIC FINANCE
CHAPTER 83 JUDICIAL
RETIREMENT
PART 600 INTERCEPTION OR DIVISION OF PAYMENTS
2.83.600.1 ISSUING
AGENCY: Public Employees Retirement Association
(PERA), P. O. Box 2123, Santa Fe, New Mexico 87504-2123
[2.83.600.1 NMAC -
Rp, 2.83.600.1 NMAC, 7/1/15]
2.83.600.2 SCOPE:
This rule affects members, former members, retirees, beneficiaries, and
the association under the Judicial Retirement Act. This rule also affects the spouses and
ex-spouses of members, former members and retirees under the act.
[2.83.600.2 NMAC -
Rp, 2.83.600.2 NMAC, 7/1/15]
2.83.600.3 STATUTORY
AUTHORITY: This rule is authorized by Sections 10-12B-3
and 10-12B-7 NMSA 1978, as amended.
[2.83.600.3 NMAC -
Rp, 2.83.600.3 NMAC, 7/1/15]
2.83.600.4 DURATION:
Permanent.
[2.83.600.4 NMAC -
Rp, 2.83.600.4 NMAC, 7/1/15]
2.83.600.5 EFFECTIVE
DATE: July 1, 2015, unless a later date is cited at
the end of a section.
[2.83.600.5 NMAC -
Rp, 2.83.600.5 NMAC, 7/1/15]
2.83.600.6 OBJECTIVE: The objective of this rule is to establish
standards and procedures for dividing the community interest in retirement
pensions or contributions and for withholding from retirement
pensions/contributions the amounts due pursuant to a child support enforcement
order.
[2.83.600.6 NMAC -
Rp, 2.83.600.6 NMAC, 7/1/15]
2.83.600.7 DEFINITIONS:
[Reserved]
2.83.600.8 - 2.83.600.9 [Reserved]
2.83.600.10 DIVORCE
DECREE OR ORDER:
A. The following
information must be contained in a divorce decree or order which divides the
community interest in Judicial Retirement Act (JRA) retirement pensions or
contributions:
(1) specific information identifying the parties, i.e., full
names, addresses, social security numbers, retirement numbers if any;
(2) a declaration that there is a community interest in a
member's pension or member contributions;
(3) the percentage or dollar amount of each party's interest in
the gross pension as calculated at the time of retirement;
(4) the percentage or dollar amount of each party's interest in
member contributions;
(5) a direct order to PERA restraining refund of member
contributions except according to the provisions of the decree or order, if
such a restraint is desired;
(6) liability for and payment of federal and state income taxes;
(7) a direct order to PERA to issue separate warrants to each
party.
B. A separate
account may not be created for a member's former spouse who has a
court-determined interest in a member's account.
C. A model order or
decree containing provisions for the determination and division of the
community interest in a JRA member's account shall be available on request from
PERA's office of general counsel.
D. Payments made
pursuant to such orders shall only be made when member contributions are
refunded or a pension is payable in accordance with the provisions of the
Judicial Retirement Act. PERA shall not
be obligated to administer pension benefits in accordance with such orders
until the first of the month following written approval by the office of general
counsel.
E. Member files
must contain current names and addresses for persons having a court-determined
interest in member retirement accounts.
Any person with such an interest must provide PERA with a written
statement of change of name or address.
If a warrant is returned as undeliverable because of incorrect name or
address, the money due the person will accumulate in the fund until PERA is
furnished with the correct information.
No interest shall be paid on any monies so accumulated.
F. Each party must
submit a completed W-4 to PERA when applying for a retirement pension.
G. A court order
requiring an election of a particular form of payment at retirement or the
designation of one or more beneficiaries shall be addressed to the member, and
the member shall be responsible for executing the proper PERA forms and
providing the documentation necessary to effectuate the election or
designation(s). A member who violates
such an order may be in contempt of court.
[2.83.600.10 NMAC
- Rp, 2.83.600.10 NMAC, 7/1/15]
2.83.600.11 - 2.83.600.19 [Reserved]
2.83.600.20 CHILD
SUPPORT OBLIGATION ENFORCEMENT ORDER:
A. The following
information must be contained in an order to withhold amounts due in
satisfaction of current or delinquent child support obligations.
(1) specific information identifying the member or retired
member, i.e., full name, address, social security number, retirement number, if
any;
(2) specific information identifying the third party payee,
i.e., full name, address, social security number, if any, or account code for child
support enforcement bureau;
(3) dollar amount to be withheld from the monthly pension
payment or a refund of member contributions;
(4) a direct order to PERA to issue separate warrants to each
party.
B. A model order or
decree containing provisions for the withholding of retirement pensions or
contributions pursuant to a child support obligation enforcement order shall be
available on request from PERA's office of general counsel.
C. Payments made
pursuant to such orders shall only be made when member contributions are
refunded or a pension is payable in accordance with the provisions of the JRA.
D. Member files
must contain current names and addresses for persons having a court-determined
interest in member retirement accounts.
Any person with such an interest must provide PERA with a written
statement of any change of name or address.
If a warrant is returned as undeliverable because of incorrect name or
address, the money due the person will accumulate in the fund until PERA is furnished
with the correct information. No
interest shall be paid on any monies so accumulated.
[2.83.600.20 NMAC
- Rp, 2.83.600.20 NMAC, 7/1/15]
2.83.600.21 - 2.83.600.29 [Reserved]
2.83.600.30 FEDERAL
PREEMPTIVE ORDERS: Pursuant to Section 10-12B-7 NMSA 1978, JRA
retirement accounts are not subject to legal process under other state laws,
except for division of a community interest in such accounts or in enforcement
of child support obligations, both as provided in Section 10-12B-7 NMSA 1978. In the following instances, however, federal
laws pre-empt the provisions of Section 10-12B-7 NMSA 1978.
A. IRS notices of levy
for unpaid taxes will be honored if the account is in pay status, i.e., if the
member has terminated employment and requested a refund of contributions, or if
a pension is payable. If the levy is
applied against a refund of member contributions, non-tax deferred
contributions shall be paid before tax-deferred contributions.
B. Orders issued by
a U.S. bankruptcy court will be honored if the account is in pay status, i.e.,
if the member has terminated employment and requested a refund of
contributions, or if a pension is payable.
If the order is applied against a refund of member contributions,
non-tax deferred contributions shall be paid before tax-deferred contributions.
C. Orders of
garnishment for fines or restitution by a federal court in a criminal case will
be honored if the account is in pay status, i.e. if the member has terminated
employment and requested a refund of contributions, or if a pension is
payable. If the order is applied against
a refund of member contributions, non-tax deferred contributions shall be paid
before tax-deferred contributions.
[2.83.600.30 NMAC
- Rp, 2.83.600.30 NMAC, 7/1/15]
HISTORY OF 2.83.600 NMAC:
Pre-NMAC History: The material in this part was derived from that
previously filed with the State Records Center and Archives under:
JRA Rule 600,
Interception or Division of Payments, filed on 7-1-92;
JRA Rule 600,
Interception or Division of Payments, filed on 11-1-94;
JRA
Rule 600, Interception or Division of Payments, filed on 12-1-95.
History of Repealed Material:
2.83.600 NMAC, Judicial
Retirement - Interception or Division of Payments, filed 12/14/2001, repealed
7/1/2015.