CHAPTER 560

H.P. 1290 - L.D. 1850

An Act To Clarify the Change of Beneficiary Provision

in the Maine State Retirement System Laws

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

Sec. 1. 5 MRSA §17054, sub-§4, as enacted by PL 1991, c. 746, §8 and affected by §10, is amended to read:

4. Qualified domestic relations order. The rights of a member or, retiree, beneficiary or other payee under this Part are subject to the rights of or assignment to an alternate payee under a qualified domestic relations order in accordance with section 17059.

Sec. 2. 5 MRSA §17059, sub-§6, ķA, as enacted by PL 1991, c. 746, §9 and affected by §10, is amended to read:

A. If the order is determined to be a qualified domestic relations order, the it is presumed to be in compliance with all requirements of this Part.__The retirement system shall pay benefits in accordance with the order and shall give effect to the plain meaning of its terms notwithstanding any failure of the order to cite or reference statutory or rule provisions. A beneficiary or recipient of a right or benefit provided for or awarded in a qualified domestic relations order may not be deprived of that right or benefit, or any part of that right or benefit, by a subsequent act or omission of the member, another claimant or beneficiary or the retirement system, notwithstanding any provision of law to the contrary or any policy or procedure the retirement system employs in the implementation of this Part.