Section 38.1710 - Determination by retirement system whether domestic relations order is EDRO; notice; filing amended domestic relations order with retirement system. - Michigan Statutes

ELIGIBLE DOMESTIC RELATIONS ORDER ACT (EXCERPT)
Act 46 of 1991

38.1710 Determination by retirement system whether domestic relations order is EDRO; notice; filing amended domestic relations order with retirement system.

Sec. 10.

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 act, the retirement system shall promptly notify the participant and alternate payee named in the EDRO that the domestic relations order is an EDRO. The retirement system shall begin the payment of a benefit under this act pursuant to the EDRO and this act on the first day of the month following the month in which the domestic relations order was determined to be an EDRO or the first day of the month following the month in which a benefit is payable under the EDRO and this act, whichever is later. If the retirement system determines that the domestic relations order is not an EDRO under this act, the retirement system shall promptly notify the participant and alternate payee named in the domestic relations order that the domestic relations order is not an EDRO. The retirement system shall specify in the notice why the retirement system determined that the domestic relations order is not an EDRO under this act. A determination by the retirement system that a domestic relations order is not an EDRO under this act does not prohibit a participant, alternate payee, or court from filing an amended domestic relations order with the retirement system under this act.

History: 1991, Act 46, Imd. Eff. June 27, 1991