HOUSE BILL No. 6220


     June 18, 2002, Introduced by Reps. Basham and Phillips and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1991 PA 46, entitled

   "Eligible domestic relations order act,"

   by amending section 2 (MCL 38.1702).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2.  As used in this act:

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             (a) "Alternate payee" means a spouse of a participant under

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        a judgment of separate maintenance, or a former spouse, child, or

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        dependent of a participant, who is named in an eligible domestic

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        relations order.

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             (b) "Benefit" means an annuity, a pension, a retirement

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        allowance, or an optional benefit accrued or accruing to a par-

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        ticipant under a retirement system or a postretirement subsidy

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        payable to a participant under a retirement system.

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             (c) "Domestic relations order" means a judgment, decree, or

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        order of a court made pursuant to the domestic relations law of


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        this state and relating to the provision of alimony payments,

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        child support, or marital property rights to a spouse of a par-

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        ticipant under a judgment of separate maintenance, or to a former

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        spouse, child, or dependent of a participant.

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             (d) "Earliest retirement date" means the earliest date on

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        which a participant meets all of the requirements for retirement

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        under a retirement system except for termination of employment.

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             (e) "Eligible domestic relations order" or "EDRO" means a

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        domestic relations order that is considered an eligible domestic

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        relations order under section 11 or that meets all of the follow-

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        ing requirements:

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             (i) The domestic relations order states the name, last known

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        address, and social security number of the participant.

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             (ii) The domestic relations order states the name, last

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        known address, and social security number of the alternate

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        payee.

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             (iii) The domestic relations order states the amount or per-

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        centage of the benefit to be paid to an alternate payee, or the

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        manner under which the retirement system is to determine the

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        amount or percentage of the benefit to be paid to an alternate

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        payee.

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             (iv) The domestic relations order states that it applies to

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        the retirement system and that the retirement system shall make

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        payments to the alternate payee as required under the eligible

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        domestic relations order and this act.

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             (v) The domestic relations order does not require the

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        retirement system to provide a type or form of benefit not



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        provided by the retirement system or a form of payment not

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        provided by this act.

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             (vi) The domestic relations order does not require the

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        retirement system to provide an increased benefit determined on

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        the basis of actuarial value.

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             (vii) The domestic relations order does not require the pay-

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        ment of a benefit to an alternate payee that is required to be

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        paid to another alternate payee under a previously filed eligible

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        domestic relations order.

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             (viii) The domestic relations order is filed before the

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        participant's retirement allowance effective date OR, IF THE

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        DOMESTIC RELATIONS ORDER IS FILED AFTER THE PARTICIPANT'S RETIRE-

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        MENT ALLOWANCE EFFECTIVE DATE, THE DOMESTIC RELATIONS ORDER IS

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        FILED NO LATER THAN 120 DAYS AFTER A FINAL JUDGMENT OF DIVORCE

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        BETWEEN THE PARTICIPANT AND THE ALTERNATE PAYEE.

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             (f) "Participant" means a member, deferred member, vested

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        former member, deceased former member, or retirant under the

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        retirement system.

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             (g) "Postretirement subsidy" includes, but is not limited

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        to, all of the following:

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             (i) A supplemental annuity.

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             (ii) A supplemental payment to a participant.

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             (iii) A percentage increase to a benefit payable to a

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        participant.

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             (iv) Any other payment to a participant or increase to a

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        benefit payable to a participant, excluding health benefits.





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             (h) "Retirement system" means a public employee retirement

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        system created and established by this state or any political

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        subdivision of this state.


















































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