December 13, 2007, Introduced by Reps. Scott, Schuitmaker, Condino and Meadows and referred to the Committee on Judiciary.
A bill to amend 1909 PA 259, entitled
"An act to provide that judgments of divorce and judgments of
separate maintenance shall make provision in satisfaction of the
claims of the wife in the property of the husband and in
satisfaction of the claims of the husband and wife in contracts of
insurance and annuity upon the life of the husband or wife, and in
satisfaction of claims of the husband and wife in or to any
pension, annuity, retirement allowance, or accumulated
contributions in any pension, annuity, or retirement system,
including any rights or contingent rights in and to unvested
pension, annuity, or retirement benefits; and to change the tenure
of lands owned by husband and wife in case of divorce, and to
provide for the disposition or partition of such lands or the
proceeds thereof,"
by amending section 1 (MCL 552.101), as amended by 2006 PA 288.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) When any judgment of divorce or judgment of
separate
maintenance is granted in any of the courts of this state,
the
court granting the judgment shall include in it a provision in
lieu
of the dower of the wife in the property of the husband, which
shall
be in full satisfaction of all claims that the wife may have
in
any property that the husband owns or may own in the future or
in
which he may have any interest.
(1) (2)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights of the wife in and to the proceeds of any policy or contract
of life insurance, endowment, or annuity upon the life of the
husband in which the wife was named or designated as beneficiary,
or to which the wife became entitled by assignment or change of
beneficiary during the marriage or in anticipation of marriage. If
the judgment of divorce or judgment of separate maintenance does
not determine the rights of the wife in and to a policy of life
insurance,
endowment, or annuity, the policy shall be is payable
to
the estate of the husband or to the named beneficiary if the
husband so designates. However, the company issuing the policy
shall
be is discharged of all liability on the policy by payment
of
its proceeds in accordance with the terms of the policy unless
before the payment the company receives written notice, by or on
behalf of the insured or the estate of the insured, 1 of the heirs
of the insured, or any other person having an interest in the
policy, of a claim under the policy and the divorce.
(2) (3)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights of the husband in and to the proceeds of any policy or
contract of life insurance, endowment, or annuity upon the life of
the wife in which the husband was named or designated as
beneficiary, or to which he became entitled by assignment or change
of beneficiary during the marriage or in anticipation of marriage.
If the judgment of divorce or judgment of separate maintenance does
not determine the rights of the husband in and to the policy of
life
insurance, endowment, or annuity, the policy shall be is
payable to the estate of the wife, or to the named beneficiary if
the wife so designates. However, the company issuing the policy
shall
be is discharged of all liability on the policy by payment
of
the proceeds in accordance with the terms of the policy unless
before the payment the company receives written notice, by or on
behalf of the insured or the estate of the insured, 1 of the heirs
of the insured, or any other person having an interest in the
policy, of a claim under the policy and the divorce.
(3) (4)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights, including any contingent rights, of the husband and wife in
and to all of the following:
(a) Any vested pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or
retirement system.
(c) In accordance with section 18 of 1846 RS 84, MCL 552.18,
any unvested pension, annuity, or retirement benefits.
(4) (5)
For any divorce or separate maintenance action filed
on or after September 1, 2006, if a judgment of divorce or judgment
of separate maintenance provides for the assignment of any rights
in and to any pension, annuity, or retirement benefits, a
proportionate share of all components of the pension, annuity, or
retirement benefits shall be included in the assignment unless the
judgment of divorce or judgment of separate maintenance expressly
excludes 1 or more components. Components include, but are not
limited to, supplements, subsidies, early retirement benefits,
postretirement benefit increases, surviving spouse benefits, and
death
benefits. This subsection shall apply applies regardless of
the characterization of the pension, annuity, or retirement benefit
as regular retirement, early retirement, disability retirement,
death benefit, or any other characterization or classification,
unless the judgment of divorce or judgment of separate maintenance
expressly excludes a particular characterization or classification.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. _____ or House Bill No. 5587(request no.
00397'07) of the 94th Legislature is enacted into law.