Section 38.1701 – Short Title.

38.1701 Short title. Sec. 1. This act shall be known and may be cited as the “eligible domestic relations order act”. History: 1991, Act 46, Imd. Eff. June 27, 1991

Section 38.1702 – Definitions.

38.1702 Definitions. Sec. 2. As used in this act: (a) “Alternate payee” means a spouse of a participant under a judgment of separate maintenance, or a former spouse, child, or dependent of a participant, who is named in an eligible domestic relations order. (b) “Benefit” means an annuity, a pension, a retirement allowance, or an […]

Section 38.1703 – Right of Alternate Payee to Share of Benefit Payable to Participant; Payment of Benefit Pursuant to Edro.

38.1703 Right of alternate payee to share of benefit payable to participant; payment of benefit pursuant to EDRO. Sec. 3. Subject to the requirements of this act, an alternate payee is entitled to an actual interest in a share of a benefit that is or will become payable to a participant, if so provided in […]

Section 38.1704 – Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form.

38.1704 Payment of benefit to alternate payee under EDRO; effective date; form. Sec. 4. Except as otherwise provided in this act, the payment of a benefit to an alternate payee under an EDRO and this act shall begin on the retirement allowance effective date of the participant. The payment of a benefit under an EDRO […]

Section 38.1705 – Election by Alternate Payee to Receive Interest in Benefit After Participant’s Earliest Retirement Date, but Before Termination of Employment Date; Recalculation of Benefit if Participant Retires Before Age 60.

38.1705 Election by alternate payee to receive interest in benefit after participant’s earliest retirement date, but before termination of employment date; recalculation of benefit if participant retires before age 60. Sec. 5. (1) An EDRO may provide for the payment of a benefit to an alternate payee beginning on or after the participant’s earliest retirement […]

Section 38.1706 – Spouse Under Judgment of Separate Maintenance or Former Spouse Considered in Edro as Surviving Spouse for Purpose of Receiving Retirement Benefit; Benefit Amount.

38.1706 Spouse under judgment of separate maintenance or former spouse considered in EDRO as surviving spouse for purpose of receiving retirement benefit; benefit amount. Sec. 6. An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant for the purpose of receiving […]

Section 38.1707 – Death of Alternate Payee Before Interest in Benefit Paid; Reversion.

38.1707 Death of alternate payee before interest in benefit paid; reversion. Sec. 7. If an alternate payee under this act dies before receiving any payment of his or her interest in a benefit pursuant to this act and an EDRO, that interest reverts to the participant. History: 1991, Act 46, Imd. Eff. June 27, 1991

Section 38.1708 – Creation, Assignment, or Recognition of Alternate Payee’s Right to Interest in Benefit Share Not Prohibited Assignment Under Retirement System.

38.1708 Creation, assignment, or recognition of alternate payee’s right to interest in benefit share not prohibited assignment under retirement system. Sec. 8. The creation, assignment, or recognition of a right of an alternate payee to an actual interest in a share of a benefit that is or will become payable to a participant pursuant to […]

Section 38.1709 – Determination by Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice.

38.1709 Determination by retirement system whether domestic relations order is EDRO; procedure; notice. Sec. 9. Each retirement system shall establish a reasonable procedure to determine if a domestic relations order is an EDRO under this act. The retirement system shall promptly notify the participant and alternate payee named in a domestic relations order that the […]

Section 38.1710 – Domestic Relations Order as Edro; Determination by Retirement System; Notice; Retirement Allowance Effective Date; Filing Amended Edro; Providing Notice by First-Class Mail.

38.1710 Domestic relations order as EDRO; determination by retirement system; notice; retirement allowance effective date; filing amended EDRO; providing notice by first-class mail. Sec. 10. (1) Except as otherwise provided in this section, the retirement system shall, within a reasonable period of time after receiving a domestic relations order, determine if the domestic relations order […]

Section 38.1711 – Status of Domestic Relations Order Filed With Retirement System Before Effective Date of Act.

38.1711 Status of domestic relations order filed with retirement system before effective date of act. Sec. 11. A domestic relations order filed with the retirement system before the effective date of this act is considered an EDRO under this act if the retirement system is making payments under the domestic relations order on the effective […]