LAC 58:XXV.401. Spousal Rights

A. Because Louisiana is a community property state, a spouse has an interest in the retirement benefits of a MERS member. B. A divorced member of MERS should provide a certified copy of a judgment of divorce and/or community property settlement document indicating that their ex-spouse relinquishes their interest in the member’s benefit paid by MERS. Alternatively, the member should provide a certified copy of a Domestic Relations Order (DRO) signed by a judge and indicating how their retirement benefit must be shared with their former spouse. A certified copy of a signed court order other than a DRO dividing retirement benefits must be approved by the Executive Director prior to implementation. C. A married member of MERS must obtain consent of their spouse to leave a retirement benefit of less than fifty percent for that spouse. D. Absent a court order directing MERS to split a member’s benefit with an ex-spouse, MERS will make payments to the member only.