Maine Legislature, Session 122, LD 1850
Committee Amendment CA_A_H921 (House)
Amends: 5 MRSA §17054, 5 MRSA §17059, 5 MRSA §17805-A, 5 MRSA §18405-A

COMMITTEE AMENDMENT "~,, 
Act To Clarify the Change of 
State Retirement System Laws" 
to H.P. 1290, L.D. 1850, Bill, "An 
Beneficiary Provision in the Maine 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. I. 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 
9J;.L. 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, ,A, 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, 
~ae 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 
prov~s~ons. 
A beneficiary or recipient of 
a 
right or 
benefit provided for or awarded in a gualified 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 
Page l-LR2922(2) 
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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. 
Sec. 3. 5 MRSA §17805-A, sub-§l, as amended by PL 2001, c. 
118, §7, is further amended to read: 
1. 
E1ection of benefit for different beneficiary. 
The 
recipient may elect to have the reduced retirement benefit paid 
under the same option to a different beneficiary except when the 
former spouse is named as retirement beneficiary at the time the 
divorce is granted, in which case the election may be made only 
under the following conditions: 
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 g1v1ng up rights as a 
beneficiary and has signed a statement that the information 
has been received and understood. 
Sec. 4. 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 except when the 
former spouse is named as retirement beneficiary at the time the 
divorce is granted, in which case the election may be made only 
under the following conditions: 
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 
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 
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COMMITTEE AMENDMENT ./1 .. to H.P. 1290, L.D. 1850 
regarding the financial effect of gJ.vJ.ng up rights as a 
beneficiary and has signed a statement that the information 
has been received and understood. 
Sec. 5. Retroactivity. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 5, section 17054, subsection 4 
and Title 5, 
section 17059, 
subsection 6, 
paragraph A apply 
retroactively to January 1, 1985.' 
SUMMARY 
This amendment strikes and replaces the bill. 
In order to clarify that the terms of qualified domestic 
relations 
orders 
must 
be 
followed 
in 
implementing 
the 
laws 
governing the 
Maine 
State Retirement 
System, 
this 
amendment 
specifies that the rights of a beneficiary or other payee under 
the laws governing the Maine State Retirement System are subject 
to the terms of a qualified domestic relations order, provides 
that a qualified domestic relations order is presumed to be in 
compliance with all applicable requirements and directs the Maine 
State Retirement System to give effect to the plain meaning of 
the terms of such an order despite any failure of the order to 
ci te or reference statutory or rule provisions. 
The amendment 
makes these changes retroactive to January 1, 1985. 
The amendment also amends 2 statutory sections contained in 
the bill to make the limitations on the ability of a retiree 
under the Maine State Retirement System to change the beneficiary 
of that person in the case of a 
divorce apply only when the 
former spouse is named as retirement beneficiary at the time the 
divorce is granted. 
COMMITTEE AMENDMENT