8533.1 - Approval of domestic relations orders.

     § 8533.1.  Approval of domestic relations orders.        (a)  Certification.--A domestic relations order shall be     certified as an approved domestic relations order by the     secretary of the board, or his designated representative, only     if such order meets all of the following:            (1)  Requires the system to provide any type or form of        benefit or any option already provided under this part.            (2)  Requires the system to provide no more than the        total amount of benefits than the member would otherwise        receive (determined on the basis of actuarial value) unless        increased benefits are paid to the member or 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 such 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 part upon        retirement.            (5)  Specifies the name and last known mailing address,        if any, 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 part.            (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.        (b)  Determination by secretary.--Within a reasonable period     of time after receipt of a domestic relations order, the     secretary of the board, or his designated representative, shall     determine whether this order is an approved domestic relations     order and notify the member and each alternate payee of this     determination. 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 his designated     representative, shall be the right to an adjudication by the     board under 2 Pa.C.S. Ch. 5 (relating to practice and procedure)     with appeal therefrom to the Commonwealth Court under 2 Pa.C.S.     Ch. 7 (relating to judicial review) and 42 Pa.C.S. § 763(a)(1)     (relating to direct appeals from government agencies).        (c)  Other orders.--The requirements for approval identified     in subsection (a) shall not apply to any domestic relations     order which is an order for support as that term is defined in     23 Pa.C.S. § 4302 (relating to definitions) or an order for the     enforcement of arrearages as provided in 23 Pa.C.S. § 3703     (relating to enforcement of arrearages). These orders shall be     approved to the extent that they do not attach moneys in excess     of the limits on attachments as established by the laws of this     Commonwealth and the United States.        (d)  Obligation discharged.--Only the requirements of this     part and any regulations promulgated hereunder shall be used to     govern the approval or disapproval of a domestic relations     order. Therefore, if the secretary of the board, or his     designated representative, acts in accordance with the     provisions of this part and any promulgated regulations in     approving or disapproving a domestic relations order, then the     obligations of the system with respect to such approval or     disapproval shall be discharged.     (Apr. 29, 1994, P.L.159, No.29, eff. 60 days)        1994 Amendment.  Act 29 added section 8533.1.        Cross References.  Section 8533.1 is referred to in section     8102 of this title.