Arizona Laws 38-776. Spousal waiver and consent
A. A member’s current spouse may consent to one of the following requirements established in section 38-755 or 38-760 by signing and submitting an acknowledgement in a manner established by ASRS:
Terms Used In Arizona Laws 38-776
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- ASRS: means the Arizona state retirement system established by this article. See Arizona Laws 38-711
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: means the ASRS board established in section 38-713. See Arizona Laws 38-711
- Contingent annuitant: means the person named by a member to receive retirement income payable following a member's death after retirement as provided in section 38-760. See Arizona Laws 38-711
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Interest: means the assumed actuarial investment earnings rate approved by the board. See Arizona Laws 38-711
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes both real and personal property. See Arizona Laws 1-215
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- State: means this state, including any department, office, board, commission, agency, institution or other instrumentality of this state. See Arizona Laws 38-711
- Writing: includes printing. See Arizona Laws 1-215
1. A change of beneficiary that provides the member’s current spouse with less than fifty per cent of the member’s account balance.
2. The member’s retirement application that does not name the member’s current spouse as a contingent annuitant of a joint and survivor annuity.
3. A change or rescission of the member’s current spouse’s contingent annuitant status.
B. If the member’s current spouse is not capable of executing the acknowledgement because of an incapacitating mental or physical condition, a power of attorney or guardian may execute the acknowledgment on the current spouse’s behalf.
C. The member may affirm in writing under penalty of perjury in a manner determined by ASRS that spousal consent is not required because of one of the following reasons:
1. The member is not married.
2. The member’s current spouse has no identifiable community property interest in the member’s benefits.
3. The member does not know, and has taken all reasonable steps to determine, the location of the member’s current spouse.
4. The member has received notification from the board that a domestic relations order is acceptable pursuant to section 38-773 and that domestic relations order requires ASRS to pay benefits to an alternate payee that is contrary to the requirements of section 38-760.
5. Obtaining consent violates another law, an existing contract or a court order.
D. This section does not abrogate any community property laws of this state.
E. Payments or distributions made by ASRS in good faith reliance on the consent or waiver of a member’s current spouse, the affirmations of a member contained in documents submitted to ASRS pursuant to this section or the member’s indication to ASRS that the member is not married constitute a full and complete discharge and release of all liability of the board or ASRS, or both, respecting these payments or distributions.
F. If questions arise as to the distribution of a particular member’s account, ASRS shall use reasonable judgment to distribute the account in a manner that is consistent with Arizona community property laws and interpretations of those laws.