Kentucky Teachers’ Retirement System (KTRS) Revises 102 KAR 1:320 Relating to QDROs

KTRS did not recognize QDROs until House Bill 289 was signed into law on April 13, 2010.  This legislation resulted in the promulgation of 102 KAR 1:320, setting forth the procedures for filing a QDRO with KTRS. 

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102 KAR 1:320 remained unchanged until the regulation was updated on May 31, 2013.  These recent revisions clarify the process for QDRO submission and present changes to the mandatory QDRO form and several other related forms required by KTRS.  The revisions further provide new instructions for the handling of certain administrative matters upon entry of the divorce decree.  For instance, members are now required to forward a copy of the final decree to KTRS, and depending on the status of the member (retired or active), the member must then request and complete various forms regarding any change in election of retirement options and designation of beneficiaries.

Remember, KTRS will reject a QDRO if the parties have not followed the procedures in 102 KAR 1:320 precisely, including submission of the appropriate QDRO forms.  Practitioners must take careful note of the recent changes in the law in order to properly effectuate the division of a member’s retirement allowance in divorce.