Beginning on January 1, 1985, Federal law provides that in the event of a divorce, a former spouse may have a right to receive some portion of a Participant's benefit directly from NEBF℠. In connection with a divorce or property settlement agreement, a court may direct that a portion of a Participant's benefit be paid to a former spouse. Such payment cannot be made to a spouse before the Participant is eligible for a benefit.
NEBF℠ will recognize such a court order and make direct payments to a former spouse only if there is a Qualified Domestic Relations Orders (QDRO) as required by Federal law. You will need to provide NEBF℠ with a complete copy of any and all signed divorce decrees and QDROs.
NEBF
℠ has written procedures for notifying you of our receipt of a court order affecting your benefit and for determining if the court order is an acceptable QDRO. A model of the QDRO provisions that can be used to assist you in obtaining an acceptable QDRO can be
downloaded here.
Divorce While Receiving a Benefit
If you divorce while you are receiving the Lifetime Option, your benefit amount will not change. However, your former spouse may have a right to a portion of your benefit as specified in your divorce decree or QDRO.
If you divorce while you are receiving the Joint and Survivor Option, your benefit amount will not change and your former spouse will still be eligible for a benefit at the time of your death.
If you divorce after July 1, 1998, and your divorce decree or QDRO specifies that your former spouse is no longer eligible for the Joint and Survivor Annuity Benefit, your benefit amount will be adjusted to the Lifetime Option effective the month following your divorce.
In either event, your former spouse may have a right to a portion of your benefit as specified in your divorce decree or QDRO.