HOUSE BILL No. 4170

 

February 10, 2015, Introduced by Reps. Franz, Cole, Glenn and Bumstead and referred to the Committee on Judiciary.

 

     A bill to amend 1846 RS 84, entitled

 

"Of divorce,"

 

by amending section 18 (MCL 552.18), as amended by 1991 PA 86.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18. (1) Any Except as provided in subsection (4), any

 

rights in and to vested pension, annuity, or retirement benefits,

 

or accumulated contributions in any pension, annuity, or retirement

 

system, payable to or on behalf of a party on account of service

 

credit accrued by the party during marriage shall be considered

 

part of the marital estate subject to award by the court under this

 

chapter.

 

     (2) Any Except as provided in subsection (4), any rights or

 

contingent rights in and to unvested pension, annuity, or

 

retirement benefits payable to or on behalf of a party on account

 


of service credit accrued by the party during marriage may be

 

considered part of the marital estate subject to award by the court

 

under this chapter where just and equitable.

 

     (3) Upon motion of a party or upon consent of the parties, an

 

order of the court under this section entered before the effective

 

date of the amendatory act that added this subsection July 18, 1991

 

shall be amended to satisfy the requirements of an eligible

 

domestic relations order and to effectuate the intent of the

 

parties or the ruling of the court. As used in this subsection,

 

"eligible domestic relations order" means a domestic relations

 

order that is an eligible domestic relations order under the

 

eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to

 

38.1711.

 

     (4) A veteran's disability compensation for any service-

 

connected disability under a program or law administered by the

 

United States department of veterans affairs or veterans

 

administration is exempt from the marital estate when determining

 

property disposition or support obligations, except compensation

 

that is awarded to the veteran for the support of his or her

 

children. A veteran shall disclose to the court any compensation

 

received from the United States department of veterans affairs or

 

veterans administration for the support of his or her dependents.