If a member participating in a PERS defined contribution plan is married at the time
benefits under the plan are to commence, unless the spouse consents to another plan
of payment or the spouse's consent is waived, the member's benefit under the plan
shall be paid in a lesser amount payable for life and one-half of that amount continuing
after death to the surviving spouse for the life of the spouse.
Consent is valid only if it is evidenced by a written document signed by the spouse
and the signature is witnessed by a notary public. A plan may waive the requirement of consent if the spouse is incapacitated or cannot
be located or for any other reason specified by the plan or in rules adopted by the
public employees retirement board.
A plan shall waive the requirement of consent if a plan of payment that provides for
payment in a specified portion of the benefit continuing after the member's death
to a former spouse is required by a court order issued under section 3105.171 or 3105.65 of the Revised Code or laws of another state regarding division of marital property prior to the effective
date of the member's retirement. If a court order requires this plan of payment, the member shall be required to
annuitize the member's accumulated amounts in accordance with the order. If the member is married, the plan of payment selected by the member also shall
provide for payment to the member's current spouse, unless the current spouse consents
in writing to not being designated a beneficiary under the plan of payment or the
current spouse's consent is waived by reason other than the court order.
Consent or waiver is effective only with regard to the spouse who is the subject of
the consent or waiver.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.