- (a) Condition.— Notwithstanding any other provision of this part, a domestic relations order pertaining to a participant may provide for an irrevocable successor payee if the participant is receiving a payment under a payment option provided by the board that allows for a successor payee.
(b) Determination.— A domestic relations order requiring the designation of an irrevocable successor payee is an order which:
- (1) requires a participant who is receiving payments from an annuity or other distribution option to designate an alternate payee as a successor payee; and
- (2) except by operation of law, prohibits the removal or change of the successor payee without approval of a court of competent jurisdiction.
- (c) Certification.— A domestic relations order under subsection (b) may be certified as an approved domestic relations order by the secretary of the board or his designated representative. If a domestic relations order is certified under this subsection, the irrevocable successor payee ordered by the court shall not be changed by the participant without approval by the court.
- (d) Ineligibility.— A person ineligible to be designated as a successor payee shall not be designated as an irrevocable successor payee. A court shall not name an irrevocable successor payee if the alternate payee is eligible to receive a lump sum distribution of the alternate payee's portion of the marital portion of the pension benefit.
(June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment. Act 5 added section 5953.6.
Cross References. Section 5953.6 is referred to in section 5812 of this title.