California Government Code 75059 – (a) Upon the legal separation or dissolution of marriage of a …
(a) Upon the legal separation or dissolution of marriage of a retired member, the court shall include in a judgment or 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 paragraph (4) of subdivision (a) of § 2610 of the Family Code, the retirement allowance payable to the member attributable to periods of service during the marriage shall be irrevocably divided into two separate and distinct payments in the names of the member and nonmember former spouse, respectively. Benefits under this section shall be based on the actuarial equivalent of the member’s retirement allowance as of the effective date of the order dividing the benefit. The share of the actuarially reduced monthly allowance payable to the former spouse pursuant to that division shall be a lifetime benefit, and the former spouse shall have the right to designate a beneficiary for any unpaid allowance payable at the time of his or her death.
Terms Used In California Government Code 75059
- 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 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 75051
- Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(c) Any retirement allowance not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member.
(d) Any survivor benefits payable to any eligible surviving spouse of a retired member whose allowance was reduced under this section shall be based solely on the reduced allowance.
(Added by Stats. 2000, Ch. 988, Sec. 1. Effective January 1, 2001.)