Sec. 6.
An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant for the purpose of receiving a benefit as a surviving spouse under the retirement system. The benefit payable to a spouse under a judgment of separate maintenance or a former spouse as a surviving spouse under this section shall be computed as provided in the EDRO and the retirement system. If the amount or percentage of the benefit to be paid to a spouse under a judgment of separate maintenance or a former spouse as the surviving spouse of the participant under this section is less than the entire amount payable under the retirement system, the surviving spouse or other beneficiary of the participant, as determined under the retirement system, is entitled to receive the portion of the benefit not payable to a spouse under a judgment of separate maintenance or a former spouse under this section.
History: 1991, Act 46, Imd. Eff. June 27, 1991
Structure Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)
Section 38.1701 - Short Title.
Section 38.1702 - Definitions.
Section 38.1704 - Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form.
Section 38.1707 - Death of Alternate Payee Before Interest in Benefit Paid; Reversion.