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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
technical correction; occupational safety; exemption
(NOW: pensions; domestic relations orders)
Purpose
Requires the value of an outlined participants benefit relating to a domestic relations order to be the value as of the earliest date of service of the petition for annulment, dissolution of marriage or legal separation.
Background
The Arizona State Retirement System (ASRS) is intended to provide a retirement system that encourages employees to remain in service for periods of time that will provide public employers with the full benefit of the training and experience gained by the employees. ASRS contributes towards providing a total compensation package that is generally equivalent to comparable employment in other public and private organizations in Arizona (A.R.S. § 38-712).
The Public Safety Personnel Retirement System (PSPRS) was created in order to provide a uniform, consistent and equitable statewide retirement program for public safety personnel who are regularly assigned to hazardous duty in the employ of the state of Arizona or a political subdivision of Arizona (A.R.S. § 38-841). PSPRS offers pension plans for various public safety personnel and includes the Elected Officials Retirement Plan (EORP) and the Corrections Officer Retirement Plan (CORP) (A.R.S. §§ 38-802 and 38-882).
Statute allows a court in Arizona in a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community property, or any judicial proceeding to amend or enforce such a property distribution, to issue a domestic relations order that provides all or any parts of a participant's benefit or refund in the plan that would otherwise be payable to that participant to instead be paid by the plan to an alternate payee (A.R.S. §§ 38-773; 38-822; 38-860; and 38-910) .
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an acceptable domestic relations order to value the member's or participant's benefit on the earliest date of service of the petition for annulment, dissolution of marriage or legal separation for participants in ASRS, PSPRS, EORP or CORP.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
WM 2/13/23 W/D
APPROP 2/15/23 DPA/SE 15-0-0-0
3rd Read 2/22/23 60-0-0
Prepared by Senate Research
March 7, 2023
ZD/SB/sr