Mich. Comp. Laws § 38.1701
Short title.
This act shall be known and may be cited as the "eligible domestic relations order act".
Michigan Compiled Laws — ELIGIBLE DOMESTIC RELATIONS ORDER ACT (Act 46 of 1991)
Michigan · statute · 46 of 1991, Mich. Comp. Laws · 11 active provisions
Provisions
Mich. Comp. Laws § 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, 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 a…
Mich. Comp. Laws § 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 or will become payable to a participant, if so provided in an EDRO filed with the retirement system. The retirement system shall administer the payment of a benefit pursuant to the EDRO and this…
Mich. Comp. Laws § 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 on the retirement allowance effective date of the participant. The payment of a benefit under an EDRO and this act shall be paid in 1 of the following forms, as applicable: (a) A single life a…
Mich. Comp. Laws § 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 but before the participant terminates employment as provided in this section. An alternate payee shall begin to receive the payment of a benefit under this section effective the fi…
Mich. Comp. Laws § 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 for the purpose of receiving a benefit as a surviving spouse under the retirement system. The benefit payable to a spouse under a judgment of separate maintenance or a former spouse as…
Mich. Comp. Laws § 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 and an EDRO, that interest reverts to the participant.
Mich. Comp. Laws § 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 or will become payable to a participant pursuant to an EDRO under this act is not a prohibited assignment under a retirement system.
Mich. Comp. Laws § 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 shall promptly notify the participant and alternate payee named in a domestic relations order that the retirement system has received the domestic relations order. Th…
Mich. Comp. Laws § 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, determine if the domestic relations order is an EDRO under this act. If the retirement system determines that the domestic relations order is an EDRO under this a…
Mich. Comp. Laws § 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 the retirement system is making payments under the domestic relations order on the effective date of this act or to the extent a domestic relations order is consistent with the provi…