49-11-612 - Domestic relations order benefits -- Nonassignability of benefits or payments -- Exemption from legal process.
49-11-612. Domestic relations order benefits -- Nonassignability of benefits orpayments -- Exemption from legal process.
(1) As used in this section, "domestic relations order benefits" means:
(a) an allowance;
(b) a defined contribution account established under:
(i) Chapter 11, Part 8, Defined Contribution Plans;
(ii) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
(iii) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act;
(c) a continuing monthly death benefit established under:
(i) Chapter 14, Part 5, Death Benefit;
(ii) Chapter 15, Part 5, Death Benefit;
(iii) Chapter 16, Part 5, Death Benefit;
(iv) Chapter 17, Part 5, Death Benefit;
(v) Chapter 18, Part 5, Death Benefit; or
(vi) Chapter 19, Part 5, Death Benefit;
(d) a death benefit provided under a group insurance policy under:
(i) Chapter 12, Part 5, Death Benefit;
(ii) Chapter 13, Part 5, Death Benefit;
(iii) Chapter 22, Part 5, Death Benefit; or
(iv) Chapter 23, Part 5, Death Benefit; or
(e) a refund of member contributions upon termination.
(2) Except as provided in Subsections (3), (4), and (5), the right of any member, retiree,participant, covered individual, or beneficiary to any retirement benefit, retirement payment, orany other retirement right accrued or accruing under this title and the assets of the funds createdby this title are not subject to alienation or assignment by the member, retiree, participant, ortheir beneficiaries and are not subject to attachment, execution, garnishment, or any other legal orequitable process.
(3) The office may, upon the request of the retiree, deduct from the retiree's allowanceinsurance premiums or other dues payable on behalf of the retiree, but only to those entities thathave received the deductions prior to February 1, 2002.
(4) (a) The office shall provide for the division of domestic relations order benefits withformer spouses and family members under an order of a court of competent jurisdiction withrespect to domestic relations matters on file with the office.
(b) The court order shall specify the manner in which the domestic relations orderbenefits shall be partitioned, whether as a fixed amount or as a percentage of the benefit.
(c) Domestic relations order benefits split under a domestic relations order are subject tothe following:
(i) the amount to be paid or the period for which payments shall be made under theoriginal domestic relations order may not be altered if the alteration affects the actuarialcalculation of the allowance;
(ii) payments to an alternate payee shall begin at the time the member or beneficiarybegins receiving payments; and
(iii) the alternate payee shall receive payments in the same form as allowances receivedby the member or beneficiary.
(d) A court order under this section may not be issued more than 12 months after the
death of the member.
(5) In accordance with federal law, the board may deduct the required amount from anybenefit, payment, or other right accrued or accruing to any member or beneficiary of a system,plan, or program under this title to offset any amount that member or beneficiary owes to asystem, plan, or program administered by the board.
(6) The board shall make rules to implement this section.
Amended by Chapter 266, 2010 General Session