California Government Code 31685 – (a) Upon the legal separation or dissolution of marriage of a …
(a) Upon the legal separation or dissolution of marriage of a member, after joining the retirement system as a party to the proceeding pursuant to Chapter 6 (commencing with Section 2060) of Part 1 of Division 6 of the Family Code, the court shall include in the judgment or a court order the date on which the parties separated.
(b) If the court orders the division of the community property interest in the system pursuant to § 2610 of the Family Code, the accumulated contributions and service credit attributable to periods of service during the marriage shall be divided into two separate and distinct accounts in the name of the member and nonmember, respectively. Any service credit or accumulated contributions that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member.
Terms Used In California Government Code 31685
- 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
- Nonmember: as used in this article , means the spouse or former spouse, or child or other dependent as ordered by the court, of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. See California Government Code 31685.1
(c) Upon receipt of the court order separating the account of the member and the nonmember pursuant to this section, the board shall determine the rights of the nonmember, taking into consideration the court order and the account of the member. These rights may include the following:
(1) The right to a retirement allowance.
(2) The right to a refund of accumulated retirement contributions.
(3) The right to redeposit accumulated contributions that are eligible for redeposit by the member.
(4) The right to purchase service credit that is eligible for purchase by the member.
(5) The right to designate a beneficiary to receive his or her accumulated contributions payable where death occurs prior to retirement.
(6) The right to designate a beneficiary for any unpaid allowance payable at the time of the nonmember’s death.
(d) In the capacity of nonmember, the nonmember shall not be entitled to any disability retirement allowance.
(Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.)