§ 5953.6. Irrevocable successor payee.

258 words·~1 min read·/pa/title-71/chapter-59/5953-6·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Condition.-- Notwithstanding any other provision of this part, a domestic relations order pertaining to a participant may provide for an irrevocable successor payee if the participant is receiving a payment under a payment option provided by the board that allows for a successor payee.

(b)Determination.-- A domestic relations order requiring the designation of an irrevocable successor payee is an order which:

(1)requires a participant who is receiving payments from an annuity or other distribution option to designate an alternate payee as a successor payee; and

(2)except by operation of law, prohibits the removal or change of the successor payee without approval of a court of competent jurisdiction.

(c)Certification.-- A domestic relations order under subsection

(b)may be certified as an approved domestic relations order by the secretary of the board or his designated representative. If a domestic relations order is certified under this subsection, the irrevocable successor payee ordered by the court shall not be changed by the participant without approval by the court.

(d)Ineligibility.-- A person ineligible to be designated as a successor payee shall not be designated as an irrevocable successor payee. A court shall not name an irrevocable successor payee if the alternate payee is eligible to receive a lump sum distribution of the alternate payee's portion of the marital portion of the pension benefit.

71c5953.6v

(June 12, 2017, P.L.11, No.5, eff. imd.)

2017 Amendment. Act 5 added section 5953.6.

Cross References. Section 5953.6 is referred to in section 5812 of this title.

71c5954s