La. Admin. Code tit. 58 § I-2903

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-2903 - Instances Where Spousal Consent Is Not Required

A. The following list sets out those instances where spousal consent is not necessary and will not be required:

1. the spouses are divorced, in which case LASERS needs a certified copy of a judgment of divorce;

2. the spouse is legally incompetent to give consent, in which case the spouse's legal guardian may give consent, even if the guardian is the member, in which case LASERS needs a certified copy of the court order appointing the guardian;

3. the spouse has abandoned the member, in which case the following shall be required:

a. a certificate by the local newspaper certifying that a legal notice has been run for at least three days requesting information from anyone knowing the whereabouts of the spouse; and

b. a notarized affidavit signed by the member stating that the spouse has abandoned him or her and outlining the steps that the member has taken to locate the spouse and obtain his or her signature; or

c. a certified copy of a court order indicating that the spouse is an absentee or has abandoned the member;

4. the spouses have entered into a matrimonial agreement establishing a regime of separation of property pursuant to La. C.C. Art. 2328 between them which remains in effect at the time of retirement, in which case LASERS needs:

a. a certified copy of the agreement; and

b. a notarized affidavit signed by the spouses affirming the existence of a matrimonial agreement as required by this rule.

La. Admin. Code tit. 58, § I-2903

Promulgated by the Department of Treasury, Board of Trustees of the State Employees' Retirement System, LR 22:373 (May 1996), amended LR 26:1490 (July 2000), LR 34:1048 (June 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:515.