(1) A participant or alternate payee must submit a certified copy of a court judgement, decree or order containing a proposed family law order (FLO) to the board for approval. The board may delegate authority for approval of a proposed FLO to the executive director.

(2) No FLO is effective prior to October 1, 1993. The effective date for a required initiation or change in a type or form of benefit, option, payment, or beneficiary designation will be the date the participant properly executes and files the appropriate corresponding form with the board. Unless a later date is specified in the proposed FLO, the effective date for purposes of allocating benefits and payments in progress, is the first day of the month following receipt.

(3) Beginning on the appropriate effective date, payments to the participant, if any, will be adjusted as directed in the proposed FLO and payments to be received by the alternate payee(s) , if any, will be retained by the board. If the proposed FLO is approved, retained payments will be paid to the alternate payee(s) ; if not approved, to the participant.

(4) The board's decision to approve or not approve a proposed FLO is final unless the participant or alternate payee files a request for an administrative contested case hearing within 10 days from the date the board sends notice of the decision. If an administrative hearing is properly requested, the final administrative decision must be made by the board after receiving the hearing examiner's proposed decision.

(5) Upon receipt of a certified copy of a stay from the issuing court or the Montana supreme court, the board will suspend further consideration or implementation of a proposed FLO. Unless otherwise directed by court order, the board will retain payments withheld prior to receipt of the stay and simultaneously resume making payments of participant(s) full benefit(s) . The board will take further action only on receipt of a certified copy of an order directing such action. If the stay is lifted, the board will proceed with recognition, approval and implementation procedures as outlined herein. Any amount owing the alternate payee may be paid out of any payments owing the participant.

(6) Costs of reviewing and administering the FLO, including actuarial analysis and attorneys' fees, may be assessed by the board and billed to the party filing the proposed FLO with the board, unless another party is designated in the FLO to pay the costs. Amounts owing plus interest thereon at an annualized effective rate of 8% may be offset against payments to be received by the appropriate party.

(7) An alternate payee may receive payment by electronic fund transfer upon submission of a properly executed form required by the board.

(8) An alternate payee must promptly inform the board of any change of name or address.