(a) Upon written application by a party, the clerk shall enter an order joining as a party to the proceeding any employee benefit plan in which either party to the proceeding claims an interest that is or may be subject to disposition by the court.

(b) An order or judgment in the proceeding is not enforceable against an employee benefit plan unless the plan has been joined as a party to the proceeding.

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Terms Used In California Family Code 2060

  • Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Proceeding: includes an action. See California Family Code 110

(Amended by Stats. 1996, Ch. 1061, Sec. 4. Effective January 1, 1997.)