| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §17805-A, sub-§1, as amended by PL 2001, c. 118, §7, is | further amended to read: |
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| | 1. Election of benefit for different beneficiary. The | recipient may elect to have the reduced retirement benefit paid | under the same option to a different beneficiary under the | following conditions if the spouse or former spouse who was | originally named as retirement beneficiary is the sole | beneficiary of the reduced retirement benefit under section | 17804, subsection 3, 4, 5-A, 5-B, 5-C, 5-D or 5-E and: |
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| A. The spouse or former spouse who was originally named as | retirement beneficiary must have been the sole beneficiary | of the reduced retirement benefit under section 17804, | subsection 3, 4, 5-A, 5-B, 5-C, 5-D or 5-E; and |
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| B. The recipient and the spouse or former spouse who was | originally named retirement beneficiary must agree to the | change of beneficiary. Prior to this agreement, the | executive director shall ensure that the spouse or former | spouse who was originally named as retirement beneficiary | has been counseled by an employee of the retirement system | regarding the financial effect of giving up rights as a | beneficiary and has signed a statement that the information | has been received and understood.; or |
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| C.__The court-ordered disposition of property specifies that | the recipient's service retirement benefit is set apart as | the sole and exclusive property of the recipient. |
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| | Sec. 2. 5 MRSA §18405-A, sub-§1, as amended by PL 2001, c. 118, §11, | is further amended to read: |
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| | 1. Election of benefit for different beneficiary. The | recipient may elect to have the reduced retirement benefit paid | under the same option to a different beneficiary under the | following conditions if the spouse or former spouse who was | originally named as retirement beneficiary is the sole | beneficiary of the reduced retirement benefit under section | 18404, subsection 3, 4, 5-A, 5-B, 5-C, 5-D or 5-E and: |
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| A. The spouse or former spouse who was originally named as | retirement beneficiary must have been the sole beneficiary | of the reduced retirement benefit under section 18404, | subsection 3, 4, 5-A, 5-B, 5-C, 5-D or 5-E; and |
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