356.49 PROVISION OF INFORMATION IN EVENT OF MARRIAGE DISSOLUTION.
Subdivision 1. Information for a pending marriage dissolution.
(a) Upon receipt of a
written request by a person with access to the data under subdivision 3 who cites this statute, a
public or private pension plan administrator must provide the court and the parties to a marriage
dissolution action involving a plan member or former plan member with information regarding
pension benefits or rights of the plan member or former plan member. The pension plan shall
provide this information upon the request of the court or a party to the action without requiring a
signed authorization from the plan member or former plan member.
(b) The information must include the pension benefits or rights of the plan member or
former plan member as of the first day of the month following the date of the request, or as of
the end of the previous fiscal year for the plan, and as of the date of valuation of marital assets
, if the person requesting the information specifies that date. The information
must include the accrued service credit of the person, the credited salary of the person for the
most current five-year period, a summary of the benefit plan, and any other information relevant
to the calculation of the present value of the benefits or rights.
Subd. 2. Information for an existing dissolution decree.
If a marriage dissolution decree
rendered by a court of competent jurisdiction prior to August 1, 1987, provided a procedure
for the distribution of future pension plan payments, upon request the applicable pension plan
administrator shall provide on a timely basis to the court and the parties to the action, the required
information to implement that procedure without requiring a signed authorization from the plan
member or former plan member.
Subd. 3. Access to data.
Notwithstanding any provision of chapter 13 to the contrary, an
administrator may release private or confidential data on individuals to the court, the parties to a
marriage dissolution, their attorneys, and an actuary appointed under section
, to the extent
necessary to comply with this section, but only if the administrator has received a copy of the
legal petition showing that an action for marriage dissolution has commenced and a copy of the
affidavit of service showing that the petition has been served on the responding party to the action.
History: 2002 c 392 art 11 s 38