Massachusetts § 19C - Annuity, retirement allowance, etc. subject to child support obligations; payments to IV–D agency

§ 19C. Annuity, retirement allowance, etc. subject to child support obligations; payments to IV–D agency

Section 19C. The annuity, retirement allowance, pension, return of accumulated total deductions or payment to any person pursuant to the provisions of this chapter or similar annuity, retirement allowance, pension, return of accumulated total deductions or payment to any person pursuant to the provisions of any general or special law shall be subject to any liens, attachments or income withholding orders issued in accordance with section 6 or 12 of chapter 119A to apply such payment to satisfy an obligation to provide child support.

Upon receipt of notice from the IV–D agency that any person receiving or entitled to receive an annuity, pension, retirement allowance, return of accumulated total deductions or payment pursuant to the provisions of this chapter or similar annuity, pension, retirement allowance, return of accumulated total deductions or payment pursuant to the provisions of any general or special law is subject to a lien under section 6 of chapter 119A, subject to an income withholding order pursuant to section 12 of chapter 119A, or subject to any direct income withholding notice received, entered or registered pursuant to chapter 209D, the board shall comply with said lien, notice or order and shall continue to comply until the board receives notice from the IV–D agency that the lien, notice or order has terminated and all arrears have been paid.

Prior to making a payment to an eligible spouse or beneficiary the board shall provide to the IV–D agency the name, date of birth, address, and social security number of the eligible spouse or beneficiary; provided, however, that within 15 days of receipt of such information the IV–D agency shall notify the board if such eligible spouse or beneficiary owes child support arrears. If due to unforeseen circumstances the IV–D agency is unable to provide such notice within 15 days, said IV–D agency shall notify the board of such unforeseen circumstances and the anticipated date by which the IV–D agency will provide such notice. Upon receipt of a notice from the IV–D agency that an eligible spouse or beneficiary is subject to a lien under section 6 of chapter 119A, subject to a withholding order pursuant to section 12 of chapter 119A, or subject to a direct income withholding notice received, entered or registered pursuant to chapter 209D, the board shall comply with said lien, order or notice and shall continue to comply until the board receives notice from the IV–D agency that the lien, order or notice has terminated and all arrears have been paid.

The retirement system and the members of the board of a retirement system which make a payment to the IV–D agency pursuant to the provisions of this chapter or chapter 119A shall be discharged from any obligation or liability to the member, eligible spouse, beneficiary or any other person arising from said payment notwithstanding the provisions of this chapter or any general or special law.

Information used to ascertain whether a member, a surviving spouse or any beneficiary is subject to a child support lien may only be used for the purpose of assisting the IV–D agency in collecting child support.

Notwithstanding the provisions of any general or special law to the contrary, proceedings pursuant to section 24 and the penalties established thereunder shall be the exclusive remedy relating to compliance on the part of the retirement board with the duties resulting from this section and restrictions on use of information described herein.