CHAPTER 396
S.P. 367 - L.D. 1226
An Act to Amend the Retirement System as it Pertains to Qualified Survivors
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17852, sub-§4, ¶A, as amended by PL 1993, c. 387, Pt. A, §11, is further amended by enacting subparagraph (3) to read:
(3) Notwithstanding subparagraph (2), the benefit to which a surviving spouse is entitled under subparagraph (2) may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order.
Sec. 2. 5 MRSA §17852, sub-§5, ¶C is enacted to read:
C. Notwithstanding paragraph B, the benefit to which a surviving spouse is entitled under paragraph B may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order.
Sec. 3. 5 MRSA §17852, sub-§6, ¶C is enacted to read:
C. Notwithstanding paragraph B, the benefit to which a surviving spouse is entitled under paragraph B may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order.
Sec. 4. Application. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies to cases in progress where the retiree is still alive and the issue of survivorship has not yet arisen.
Effective September 19, 1997, unless otherwise indicated.
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