LD 1850
pg. 1
LD 1850 Title Page An Act To Clarify the Change of Beneficiary Provision in the Maine State Retire... Page 2 of 2
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LR 2922
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §17805-A, sub-§1, as amended by PL 2001, c. 118, §7, is
further amended to read:

 
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:

 
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

 
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

 
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.

 
Sec. 2. 5 MRSA §18405-A, sub-§1, as amended by PL 2001, c. 118, §11,
is further amended to read:

 
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:

 
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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