Bill Text: MI HB5682 | 2011-2012 | 96th Legislature | Engrossed

---

Bill Title: Family law; other; definition of eligible domestic relations order; modify. Amends sec. 2 of 1991 PA 46 (MCL 38.1702).

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2012-12-06 - Referred To Committee Of The Whole [HB5682 Detail]

Download: Michigan-2011-HB5682-Engrossed.html

---

HB-5682, As Passed House, November 28, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5682

 

May 29, 2012, Introduced by Reps. Heise, Meadows, Horn, Constan, Lipton, Irwin and Cavanagh and referred to the Committee on Judiciary.

 

     A bill to amend 1991 PA 46, entitled

 

"Eligible domestic relations order act,"

 

by amending section 2 (MCL 38.1702), as amended by 2008 PA 348.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 optional benefit accrued or accruing to a

 

participant under a retirement system or a postretirement subsidy

 

payable to a participant under a retirement system.

 

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

 

order of a court made pursuant according to the domestic relations

 

law of this state and relating to the provision of alimony

 

payments, child support, or marital property rights to a spouse of

 

a participant under a judgment of separate maintenance, or to a

 

former spouse, child, or dependent of a participant.

 

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

 

which a participant meets all of the requirements for retirement

 

under a retirement system except for termination of employment.

 

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

 

domestic relations order that is considered an eligible domestic

 

relations order under section 11 or that meets all of the following

 

requirements:

 

     (i) The domestic relations order states the names and last

 

known addresses of the participant and alternate payee.

 

     (ii) The domestic relations order refers to the attachment to

 

the domestic relations order described in subparagraph (ix).

 

     (iii) The domestic relations order states the amount or

 

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

 

manner under which the retirement system is to determine the amount

 

or percentage of the benefit to be paid to an alternate payee.

 

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

 

retirement system and that the retirement system shall make

 

payments to the alternate payee as required under the eligible

 

domestic relations order and this act.

 

     (v) The domestic relations order does not require the

 

retirement system to provide a type or form of benefit not provided

 

by the retirement system or a form of payment not provided by this

 

act.

 

     (vi) The domestic relations order does not require the

 

retirement system to provide an increased benefit determined on the

 

basis of actuarial value.

 

     (vii) The domestic relations order does not require the payment

 

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

 

another alternate payee under a previously filed eligible domestic

 

relations order.

 

     (viii) The domestic relations order is filed before the

 

participant's retirement allowance effective date. If that domestic

 

relations order is filed before the participant's retirement

 

allowance effective date, but the retirement system determines that

 

the domestic relations order fails to qualify as an EDRO, there is

 

a 60-day period from the date the retirement system notifies the

 

parties that the order fails to qualify. During that 60-day period,

 

the participant's retirement allowance effective date shall not

 

occur so that the parties may file an amended domestic relations

 

order that will qualify as an EDRO. The 60-day period does not

 

limit the parties from filing an EDRO at any time before the

 

participant's retirement effective date.

 

     (ix) The domestic relations order requires that the social

 

security numbers of the participant and the alternate payee be sent

 

to the retirement system in an attachment to the order. The

 

attachment shall not be filed with the court, but shall be attached

 

to the domestic relations order when it is sent to the plan

 

administrator for approval.

 

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

 

former member, deceased former member, or retirant under the

 

retirement system.

 

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

 

all of the following:

 

     (i) A supplemental annuity.

 

     (ii) A supplemental payment to a participant.

 

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

 

participant.

 

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

 

benefit payable to a participant, excluding health benefits.

 

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

 

system created and established by this state or any political

 

subdivision of this state.