Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 881.118. Approval of domestic relations orders

(1) Requires the system to provide a type or form of benefit or an option already provided under this act.

(2) Requires the system to provide no more than the total amount of benefits that the member would otherwise receive, determined on the basis of actuarial value, unless increased benefits are paid to the member or, if the order provides, to the alternate payee based upon cost-of-living increases or increases based on other than actuarial value.

(3) Specifies the amount or percentage of the member's benefits to be paid by the system to each alternate payee or the manner in which the amount or percentage is to be determined.

(4) Specifies the retirement option to be selected by the member upon retirement or states that the member may select any retirement option offered by this act upon retirement.

(5) Specifies the name and last known mailing address of the member and the name and last known mailing address of each alternate payee covered by the order and states that it is the responsibility of each alternate payee to keep a current mailing address on file with the system.

(6) Does not grant an alternate payee any of the rights, options or privileges of a member under this act.

(7) Requires the member to execute an authorization allowing each alternate payee to monitor the member's compliance with the terms of the domestic relations order through access to information concerning the member maintained by the system.

(1) Upon receipt of a proposed domestic relations order, the secretary of the board or the secretary's designated representative shall determine whether the proposed order shall be deemed an approved domestic relations order and shall notify the member and each alternate payee of this determination.

(2) Notwithstanding any other provision of law, the exclusive remedy of any member or alternate payee aggrieved by a decision of the secretary of the board or the secretary's designated representative shall be the right to an adjudication by the board under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) with appeal to the Commonwealth Court under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action) and 42 Pa.C.S. § 763(a)(1) (relating to direct appeals from government agencies).

(1) The requirements for approval under subsection (a) shall not apply to any domestic relations order which is an “order of support” under 23 Pa. C.S. § 4302 (relating to definitions) or an order for the enforcement of arrearages under 23 Pa.C.S. § 3703 (relating to enforcement of arrearages).

(2) Orders under clause (1) shall be approved to the extent that they do not attach money in excess of the limits on attachments as established by the Federal or State law.