ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: APPROP DPA/SE 15-0-0-0

HB 2433: ~~technical correction; occupational safety; exemption~~

NOW: pensions; domestic relations orders

Sponsor: Representative Livingston, LD 28

House Engrossed

Overview

States the value of a pension participant's benefit subject to a domestic relations order is the value at the time of the date of the service of the petition for annulment, dissolution of marriage or legal separation (Date of Service).

History

Arizona maintains two primary public pension systems: the Arizona State Retirement System (ASRS; A.R.S. § 38-712) and the Public Safety Personnel Retirement System (PSPRS; A.R.S. § 38-841). Within PSPRS, there are also separate plans for corrections officers (CORP; A.R.S. § 38-882) and elected officials (EORP; A.R.S. § 38-802).

Each of these pension plans allows a court to issue a domestic relations order that provides all or any part of a participant's benefit or refund in the system that would otherwise be payable to that participant to instead be paid to an alternate payee. A domestic relations order arises out of a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community property, or in any judicial proceeding to amend or enforce a property distribution (A.R.S. §§ 38-773; 38-822; 38-860; 38-910).

Provisions

1. Requires an acceptable domestic relations order for the ASRS to be valued on the Date of Service. (Sec. 1)

2. Sets the value of an EORP, PSPRS or CORP participant's benefit for the purposes of a domestic relations order at the value on the Date of Service. (Sec. 2, 3, 4)

3. Makes technical and conforming changes. (Sec. 1-4)

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7. HB 2433

8. Initials AF Page 0 House Engrossed

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