Michigan Compiled Laws Act 46 Of 1991 Eligible Domestic Relations Order Act (38.1701 - 38.1711)

AN ACT to authorize the payment of public employee retirement system assets to certain individuals; and to prescribe the powers and duties of certain retirement systems, state departments, public officials, and public employees.

History: 1991, Act 46, Imd. Eff. June 27, 1991

Section 38.1701 Short Title.
This act shall be known and may be cited as the “eligible domestic relations order act”. History: 1991, Act 46, Imd. Eff. June 27,
Section 38.1702 Definitions.
As used in this act: (a) "Alternate payee" means a spouse of a participant under a judgment of separate maintenance, or a former spouse,...
Section 38.1703 Right Of Alternate Payee To Share Of Benefit Payable To Participant; Payment Of Benefit Pursuant To Edro.
Subject to the requirements of this act, an alternate payee is entitled to an actual interest in a share of a benefit that is...
Section 38.1704 Payment Of Benefit To Alternate Payee Under Edro; Effective Date; Form.
Except as otherwise provided in this act, the payment of a benefit to an alternate payee under an EDRO and this act shall begin...
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.
(1) An EDRO may provide for the payment of a benefit to an alternate payee beginning on or after the participant's earliest retirement date...
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.
An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant...
Section 38.1707 Death Of Alternate Payee Before Interest In Benefit Paid; Reversion.
If an alternate payee under this act dies before receiving any payment of his or her interest in a benefit pursuant to this act...
Section 38.1708 Creation, Assignment, Or Recognition Of Alternate Payee's Right To Interest In Benefit Share Not Prohibited Assignment Under Retirement System.
The creation, assignment, or recognition of a right of an alternate payee to an actual interest in a share of a benefit that is...
Section 38.1709 Determination By Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice.
Each retirement system shall establish a reasonable procedure to determine if a domestic relations order is an EDRO under this act. The retirement system...
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.
(1) Except as otherwise provided in this section, the retirement system shall, within a reasonable period of time after receiving a domestic relations order,...
Section 38.1711 Status Of Domestic Relations Order Filed With Retirement System Before Effective Date Of Act.
A domestic relations order filed with the retirement system before the effective date of this act is considered an EDRO under this act if...

Last modified: October 10, 2016