La. Admin. Code tit. 58 § XXV-401

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

Section XXV-401 - Spousal Rights

A. Because Louisiana is a community property state, a spouse has an interest in the retirement benefits of a MERS member.

B. A divorced member of MERS should provide a certified copy of a judgment of divorce and/or community property settlement document indicating that their ex-spouse relinquishes their interest in the member's benefit paid by MERS. Alternatively, the member should provide a certified copy of a Domestic Relations Order (DRO) signed by a judge and indicating how their retirement benefit must be shared with their former spouse.

C. A married member of MERS must obtain consent of their spouse to leave a retirement benefit of less than fifty percent for that spouse.

D. Absent a court order directing MERS to split a member's benefit with an ex-spouse, MERS will make payments to the member only.

La. Admin. Code tit. 58, § XXV-401

Promulgated by the Department of Treasury, Municipal Employees' Retirement System, LR 482368 (9/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:291 and 1823.