October 13, 2015, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1909 PA 259, entitled
"An act to provide that judgments of divorce and judgments of
separate maintenance shall make provision in satisfaction of the
claims of the wife in the property of the husband and in
satisfaction of the claims of the husband and wife in contracts of
insurance and annuity upon the life of the husband or wife, and in
satisfaction of claims of the husband and wife in or to any
pension, annuity, retirement allowance, or accumulated
contributions in any pension, annuity, or retirement system,
including any rights or contingent rights in and to unvested
pension, annuity, or retirement benefits; and to change the tenure
of lands owned by husband and wife in case of divorce, and to
provide for the disposition or partition of such lands or the
proceeds thereof,"
by amending section 1 (MCL 552.101), as amended by 2006 PA 288.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) When any judgment of divorce or judgment of
separate
maintenance is granted in any of the courts of this state,
the
court granting the judgment shall include in it a provision in
lieu
of the dower of the wife in the property of the husband, which
shall
be in full satisfaction of all claims that the wife may have
in
any property that the husband owns or may own in the future or
in
which he may have any interest.
(1) (2)
Each judgment of divorce or
judgment of separate
maintenance shall determine all rights of the wife in and to the
proceeds of any policy or contract of life insurance, endowment, or
annuity upon the life of the husband in which the wife was named or
designated as beneficiary, or to which the wife became entitled by
assignment or change of beneficiary during the marriage or in
anticipation of marriage. If the judgment of divorce or judgment of
separate maintenance does not determine the rights of the wife in
and to a policy of life insurance, endowment, or annuity, the
policy shall be payable to the estate of the husband or to the
named
beneficiary if the husband so designates. However, the The
company
issuing the policy shall be is
discharged of all liability
on the policy by payment of its proceeds in accordance with the
terms of the policy unless before the payment the company receives
written notice, by or on behalf of the insured or the estate of the
insured, 1 of the heirs of the insured, or any other person having
an interest in the policy, of a claim under the policy and the
divorce.
(2) (3)
Each judgment of divorce or
judgment of separate
maintenance shall determine all rights of the husband in and to the
proceeds of any policy or contract of life insurance, endowment, or
annuity upon the life of the wife in which the husband was named or
designated as beneficiary, or to which he became entitled by
assignment or change of beneficiary during the marriage or in
anticipation of marriage. If the judgment of divorce or judgment of
separate maintenance does not determine the rights of the husband
in and to the policy of life insurance, endowment, or annuity, the
policy shall be payable to the estate of the wife, or to the named
beneficiary
if the wife so designates. However, the The company
issuing
the policy shall be is discharged of all liability on the
policy by payment of the proceeds in accordance with the terms of
the policy unless before the payment the company receives written
notice, by or on behalf of the insured or the estate of the
insured, 1 of the heirs of the insured, or any other person having
an interest in the policy, of a claim under the policy and the
divorce.
(3) (4)
Each judgment of divorce or
judgment of separate
maintenance shall determine all rights, including any contingent
rights, of the husband and wife in and to all of the following:
(a) Any vested pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or
retirement system.
(c) In accordance with section 18 of 1846 RS 84, MCL 552.18,
any unvested pension, annuity, or retirement benefits.
(4) (5)
For any divorce or separate
maintenance action filed
on or after September 1, 2006, if a judgment of divorce or judgment
of separate maintenance provides for the assignment of any rights
in and to any pension, annuity, or retirement benefits, a
proportionate share of all components of the pension, annuity, or
retirement benefits shall be included in the assignment unless the
judgment of divorce or judgment of separate maintenance expressly
excludes 1 or more components. Components include, but are not
limited to, supplements, subsidies, early retirement benefits,
postretirement benefit increases, surviving spouse benefits, and
death
benefits. This subsection shall apply applies regardless of
the characterization of the pension, annuity, or retirement benefit
as regular retirement, early retirement, disability retirement,
death benefit, or any other characterization or classification,
unless the judgment of divorce or judgment of separate maintenance
expressly excludes a particular characterization or classification.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.