An Act To Clarify the Change of Beneficiary Provision in the Maine State Retirement System Laws
Maine Legislature, Session 122, LD 1850
Committee: Labor
Sponsors: MILLETT, DUPREY
Amends: 5 MRSA §17805-A, 5 MRSA §18405-A

Legislative Document 
No. 1850 
H.P.1290 
House of Representatives, January 3, 2006 
An Act To Clarify the Change of Beneficiary Provision in the Maine 
State Retirement System Laws 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative MILLETT of Waterford. 
Cosponsored by Representative: DUPREY of Hampden. 
Printed on recycled paper 
7r/~/h.77!~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of th( ";;tate of Maine as follows: 
Sec. 1. 5 MRSA §17805-A, sub-§I, 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 
HRee~--tRe 
~ellewiR~--eeRQitieRs if the spouse or 
former 
spouse 
who 
was 
originally 
named 
as 
retirement 
beneficiary 
is 
the 
sole 
peneficiary of 
the 
reduced 
retirement benefit 
under 
section 
17804, subsection 3, 4, 5-A, 5-B, 5-C, 5-D or 5-E and: 
A~--~he-~~--~Fffi&~-SpeHse-whe-~~-~~~~-aameG-as 
~eti~effieRt-~~~~1r~~&&-~~~-~he-~~-aeRe~ieia~y 
ef--tRe--~eQHeeQ--~eti~effieRt--aeRefit--HRee~--seetieR--118Q4T 
sHaseetieR-6T-4T-9-AT-9-8T-9-GT-9-~-e~-9-g~-aRe 
B. 
The recipient and the spouse or former spouse who was 
originally named retirement beneficiary HlHSI: 
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~L-Q£ 
C. 
The court-ordered disposition of property specifies that 
.t.he recipient's service retirement benefit is set apart 9:3 
the sole and exclusive property of the recipient. 
Sec. 2. 5 MRSA §18405-A. sub-§l. 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 
HRQe~--I:Be 
fellewiR~--e9Beiti9Bs 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~--~he-~~--~Fffi&~-SpeHse-whe-~~-~~~~-aameG-as 
~eti~eHleRt-~~~~1r~~&&-~~~-~Re-~~-aeRefieia~y 
ef--tRe--~eeHeee--FetiFeHleRI:--aeBefil:--HReeF--seetieR--184Q4T 
sHaseel:ieR-6T-4T-9-AT-9-8T-9-GT-9-~-eF-9-g~-aRe 
B. 
The recipient and the spouse or former spouse who was 
originally named retirement beneficiary 
ffil:tS1: 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 understoodT~ 
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. 
SUMMARY 
This bill allows a retiree under the Maine State Retirement 
System to change the beneficiary of that person in the case of a 
divorce if the divorce judgment stipulates the retiree's pension 
rights are set apart as the sole and exclusive property of the 
recipient.