May 14, 2013, Introduced by Reps. Franz, Bumstead, Hooker, MacMaster, Kelly, Rendon and Genetski 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 18 (MCL 552.18), as amended by 1991 PA 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
18. (1) Any Except as
provided in subsection (4), any
rights in and to vested pension, annuity, or retirement benefits,
or accumulated contributions in any pension, annuity, or retirement
system, payable to or on behalf of a party on account of service
credit accrued by the party during marriage shall be considered
part of the marital estate subject to award by the court under this
chapter.
(2)
Any Except as provided in
subsection (4), any rights or
contingent rights in and to unvested pension, annuity, or
retirement benefits payable to or on behalf of a party on account
of service credit accrued by the party during marriage may be
considered part of the marital estate subject to award by the court
under this chapter where just and equitable.
(3) Upon motion of a party or upon consent of the parties, an
order
of the court under this section entered before the effective
date
of the amendatory act that added this subsection July 18, 1991
shall be amended to satisfy the requirements of an eligible
domestic relations order and to effectuate the intent of the
parties or the ruling of the court. As used in this subsection,
"eligible domestic relations order" means a domestic relations
order that is an eligible domestic relations order under the
eligible domestic relations order act.
(4) A veteran's disability compensation for any service-
connected disability under a program or law administered by the
United States department of veterans' affairs or veterans'
administration is exempt from the marital estate when determining
property disposition or support obligations, or both.