Haw. Code R. § 6-40-6 - Review of proposed domestic relations orders

(a) A person who wishes to have the system review a proposed domestic relations order to establish whether it meets the requirements for a Hawaii domestic relations order shall complete and submit to the system a request for review form furnished by the system, a copy of the proposed order, and the filing fee. The request for review shall include an address and telephone number at which the person requesting the review may be contacted. If the order has been entered by a court, the order must be certified by the clerk of the court that entered the order.

(b) The person requesting review of proposed domestic relations order must be the member, the former member with vested benefit status, the retirant, the spouse or former spouse of the member, former member with vested benefit status, or retirant, or an authorized representative of any of the foregoing. If the spouse or former spouse of a member, former member with vested benefit status, or retirant, or an authorized representative of either of the foregoing is the person requesting review of a proposed domestic relations order, the person requesting the review shall also submit a copy of the complaint for divorce, or divorce decree, certified by the clerk of the court in which the complaint was filed, for the action in which the proposed domestic relations order is proposed to be entered.

(c) Upon completion of the system's review of a proposed domestic relations order, the system shall not issue a determination that a proposed domestic relations order is or is not a Hawaii domestic relations order, but shall issue a notification to the person requesting the review whether or not the proposed order meets the requirements for a Hawaii domestic relations order.

(d) The system is not required to notify a member, former member with vested benefit status, or retirant of the system's receipt of a proposed domestic relations order for review or issuance of notification under this section; provided that the system may confirm whether the system has received a proposed order for review or issued a notification if a member, former member with vested benefit status, or retirant asks the system whether the system has received a proposed domestic relations order for review or issued a notification under this section.

(e) The system's notification whether or not a proposed order meets the requirements for a Hawaii domestic relations order is advisory only and is not a determination by the system that the proposed order is or is not a Hawaii domestic relations order.

Notes

Haw. Code R. § 6-40-6

[Eff 7/1/2020] (Auth: §§ 88-28 and 88-93.5) (Imp: § 88-93.5)