EXTEND DEADLINE FOR FILING DOMESTIC RELATIONS ORDER

House Bill 6220

Sponsor: Rep. Raymond Basham

Committee: Civil Law and the Judiciary

Complete to 9-6-02

A SUMMARY OF HOUSE BILL 6220 AS INTRODUCED 6-18-02

House Bill 6220 would amend the Eligible Domestic Relations Order Act (Public Act 46 of 1991) to extend the deadline for filing a domestic relations order. Under the act, benefits payable to a participant in a public employee retirement system ("participant") are subject to eligible domestic relations orders (ERDOs). An ERDO entitles an "alternate payee"-i.e., a participant's spouse, if under a judgment of separate maintenance, former spouse, child, or dependant-to an interest in a share of the participant's retirement benefits. Currently the act requires that a domestic relations order be filed before the participant's retirement allowance effective date. The bill would allow a domestic relations order to be filed up to 120 days after the date of a final judgment of divorce between the participant and an alternate payee.

MCL 38.1702

 

Analyst: J. Caver

_____________________________________________________________________________________________________________________

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.