(a) It is the intention of this Chapter that rights to retirement funds, disability or survivor’s annuities or benefits, death benefits, or refund of whatever kind, not be attached by judicial proceeding, or assigned, or transferred for payment of any debt, except for:

(1) Court ordered child support and child support arrears; or

(2) Retirement benefits awarded by court order. Not more than fifty percent (50%) of a member’s retirement benefits may be paid to a prior spouse, and only if it is court ordered. In addition, in order for a prior spouse to receive a portion of a member’s retirement, the parties must have been married for a least ten (10) years during the period the member accrued retirement benefits.

(b) A prior spouse may receive a court ordered retirement portion only at the time funds are released to a member.

SOURCE: GC § 4229; Amended by P.L. 22-099:11 (May 7, 1993). Amended by P.L. 24-193:2 (May 6, 1998). Repealed and reenacted by P.L.
26-148:11 (Sept. 27, 2002) to conform to federal Child Support
Requirements and to clarify the original language but not to change its meaning except as federal law requires.