Divorce and Your Benefits
How Divorce or Legal Separaon Affects
Your SamCERA Benefits
F A A, I  R M
2
SamCERA
100 Marine Parkway, Suite 125
Redwood Shores, CA 94065
Hours: Monday ‐ Thursday, 7 am ‐ 6 pm
Phone: (650) 599‐1234
Toll‐free: (800) 339‐0761
Email: [email protected]
Your SamCERA benefits are governed by the County Employees Rerement Law of 1937; therefore, any
discrepancies between the law and the informaon in this booklet will be resolved in accordance with the law.
The material contained in this guide is for informaonal purposes only and does not constute legal advice.
This guide was last updated on July 2, 2019.
IMPORTANT: Your SamCERA account is subject to California community property law,
so if you had a divorce or legal separaon while you were a member of SamCERA, or if
you are filing a dissoluon of marriage or domesc partnership, you must contact
SamCERA regarding your rerement benefits.
Divorce and Your Benefits
How Divorce or Legal Separaon Affects
Your SamCERA Benefits
F A A, I  R M
3
WHAT’S INSIDE
Page
4 Divorce and SamCERA Benefits: Seven Things You Need to Know
5 Other Important Informaon
6 Model Orders
7 Appendix A: Divorce Scenarios
15 Appendix B: Excerpts From Applicable Statutes
INTRODUCTION:
HOW TO USE THIS GUIDE
This guide is designed to help SamCERA members and their spouses
or domesc partners navigate the divorce, legal separaon, and
dissoluon process. If you had a divorce or legal separation while a
member of SamCERA, or you are filing a dissolution of marriage or
domestic partnership, you must contact SamCERA regarding your
retirement benefits. Our benefits staff will help you get organized.
We recommend that all parties involved seek legal counsel.
4
DIVORCE AND SAMCERA BENEFITS:
SEVEN THINGS YOU NEED TO KNOW
The informaon in this guide generally applies to
judgments for either dissoluon of marriage or legal
separaon. For ease of use, both are referred to as
“divorce”. If you are geng a legal separaon in lieu
of a dissoluon of marriage, contact SamCERA for
more informaon. The term “divorce” will also apply
to a terminaon of a registered domesc
partnership.
The contribuons you made and
the rerement benefits you earned
during your marriage are
community property. SamCERA benefits
earned as a result of employment between the
date of marriage and the date of separation
are community property, belonging equally to
the member and the member’s ex-spouse
(“nonmember”).
The contribuons you made and
the rerement benefits earned
before your marriage or aer your
separaon are separate property. Any
SamCERA benefits earned as a result of
employment before the date of marriage or
after the date of separation are the member’s
separate property.
SamCERA must receive and
approve the Court order before any
benefits can be paid. No member
can complete the retirement process, or
withdraw contributions, if the member has
gotten a divorce during employment, or has a
pending divorce proceeding, until SamCERA
receives and approves a Court order
regarding the community interest of
SamCERA benefits.
SamCERA must be joined in the
proceeding. SamCERA must be
joined in the divorce proceedings for
the Court to make an order as to the division
of the SamCERA benefits. If the retirement
benefits will not be divided, but rather
awarded solely to the member, then
SamCERA does not need to be joined. The
Court order or marriage settlement
agreement attached to the order must clearly
state that the community interest in the
SamCERA account is awarded solely to the
member.
SamCERA has model court orders
you can use for dividing SamCERA
benefits. SamCERA has created
model orders for active, inactive and retired
members to use. Members and nonmembers
should review and discuss the orders with
their attorneys. See the section on
Model
Orders
for more information.
A Pre‐Rerement Member’s
Account Is Split into Two Separate
Accounts. When the member has
not yet retired, SamCERA can be ordered to
divide the member’s contributions, earnings,
and service credit into two separate accounts,
one for the member and one for the
nonmember. Depending upon whether the
member is vested or not at the time of
judgment of dissolution/legal separation, the
nonmember may have several of the same
rights that a member has, including, but not
limited to, a monthly pension.
A Rered Member’s Monthly
Pension Benefit is Shared. If a
member has already retired,
SamCERA cannot be ordered to divide the
account, but can be ordered to split each
monthly retirement benefit payment into two
separate payments, based on the parties’
respective shares of the benefit. The
nonmember should understand that
terminating their marriage will terminate the
nonmember’s rights, if any, to payments
upon the death of the member unless the
member selected a “modified option” at the
time of retirement. Contact SamCERA to
confirm which option was taken.
1
2
3
4
5
6
7
5
OTHER IMPORTANT INFORMATION
Domesc Partnerships
The information in this guide regarding
divorce and SamCERA benefits also applies
to the dissolution of domestic partnerships
registered with the Secretary of State. For a
dissolution of domestic partnership, the date
of registration is substituted for the date of
marriage.
Effects of Dissoluon on Beneficiary
Designaon
It is important to review your SamCERA
beneficiary designation following a
dissolution of marriage. The designation of a
spouse as a beneficiary (termination of
marital status) is automatically canceled by a
dissolution of marriage which occurs after
January 1, 2002, pursuant to Probate Code
section 5600. A change of beneficiary form
can be found on SamCERA website.
Governing Law
SamCERA is not subject to ERISA
(Employee Retirement Income Security
Act). SamCERA is governed by the County
Employees Retirement Law (“CERL”) of
1937 contained in the Government Code.
The division of SamCERA benefits is
specifically governed by Article 8.4 of CERL,
commencing with section 31685 and Family
Code section 2610. A copy of Government
Code Article 8.4 and Family Code section
2610 are contained in the Appendix.
457 Deferred Compensaon Account
SamCERA does not administer San Mateo
County’s 457 deferred compensation plan.
Questions regarding the division of that
account should be directed to the Employee
Benefits Division of the County’s Human
Resources Department.
6
MODEL ORDERS
SamCERA has model court orders you can use for dividing SamCERA benefits. SamCERA has
created model orders for active, inactive and retired members to use. Members and nonmembers
should review and discuss the orders with their attorneys. In most cases, the parties use these
model orders without making any modifications to them.
Which model order should you use?
It will depend on whether you are in a contributory or noncontributory plan; whether or not you
are retired; whether or not you are vested; and whether or not you are receiving a disability
benefit. It does not matter whether you are a Safety or General plan member. Retired members who
are getting a legal separation (and not a dissolution of marriage) should contact SamCERA for a special
Model Order B or D.
 Pre-retirement members in contributory plans (Plans 1, 2, 4, 5, 6 or 7). Use Model Order A.
 Retired members who are receiving a regular service retirement. Use Model Order B.
 Active or inactive members who are vested (10 years of service credit) in noncontributory Plan
3. Use Model Order C.
 Retired members receiving a disability retirement. Use Model Order D1 or D2. Contact
SamCERA regarding which model order to use.
Rered
Members
Regular
Rerees
Disability
Rerees
Pre‐Rerement
Members
Contributory
Members*
Non‐Contributory
Members*
Vested
Non‐
Vested
Non‐
Vested
Vested
QUICK REFERENCE FOR APPENDIX A: WHICH MODEL ORDER DO YOU USE?
A
GO TO
PAGE 8
GO TO
PAGE 10
GO TO
PAGE 12
GO TO
PAGE 9
GO TO
PAGE 11
GO TO
PAGE 14
D1
A C B
D2
No
Model
Order
Y S
F M I
U M O
*Vested Members
Vested members are those with more than 5 years service credit (10,400 hours) for contributory plan members, and
10 years service credit (20,800 hours) for non-contributory plan members. Members with reciprocity may use service
from qualified systems to satisfy the vesting eligibility.
GO TO
PAGE 13
Model Orders can be found on the SamCERA website: www.samcera.org
7
Appendix A:
Divorce Scenarios
8
PRE‐RETIREMENT CONTRIBUTORY PLAN VESTED MEMBERS: MODEL ORDER A
The refund is irrevocable, and
all rights to future SamCERA
benefits cease. The refund may
be taken in the form of a
withdrawal or a rollover.
The nonmember’s account is
credited with service credit,
contribuons and interest in
accordance with the order.
A deferred member’s account
is credited with Interest in
accordance with the
member’s rerement plan.
The nonmember may rere either before, aer or at the same
me as the member, as long as eligibility requirements are met.
Decision
Does member
connue to
work aer
the account is
split?
Refund
Decision
Does nonmember opt
for a refund, rerement
(if eligible), or deferred
rerement?
The refund may be
taken in the form of a
withdrawal or a rollover.
When the acve vested
member connues to work, the
account remains acve and is
credited with service credit,
contribuons and interest in
accordance with the member’s
rerement plan.
The member’s account is reduced
by the amount of service credit,
contribuons and interest in
accordance with the order.
The nonmember’s account is
not credited with addional
service credit or
contribuons, but does earn
interest.
Vested members no longer
working may opt for a refund,
deferred rerement, or rerement
(if eligible).
Member Account
Member
Account
Nonmember
Account
Refund
Deferred
Rerement
Rerement
Rerement
Deferred
Rerement
Acve
Account
yes
Opon
Acve vested members may
rere (if eligible), or — upon
terminaon — opt for a refund
or deferred rerement.
no
A deferred member may opt
for rerement (if eligible) or
take a refund at any me.
Opon
If a refund is taken by
the nonmember, the
member has five years to
repurchase the service
credits which were
transferred to
nonmember.
Opon
Vested non‐members can opt
for rerement (if eligible), or
may take a refund at any me.
Opon
MEMBER PROPERTY
A
Start here
NONMEMBER PROPERTY
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member account.
Your SamCERA benefits will be divided into two separate accounts in accordance with the order.
Judge signs Model Order A, and
SamCERA splits the member account.
M O A
Account is split
9
SamCERA must refund the
balance in the separate
account to the nonmember.
The refund is irrevocable, and
all rights to future SamCERA
benefits cease. The refund may
be taken in the form of a
withdrawal or a rollover.
The nonmember’s account is
credited with service credit,
contribuons and interest in
accordance with the order.
An account on deposit will earn
interest. If a former member
returns to SamCERA‐covered
employment, the account can
then be re‐opened. A former
member may take a refund of an
account on deposit at any me.
Decision
Refund
The refund may be
taken in the form of a
withdrawal or a rollover
to an IRA or other tax‐
deferred account.
The member’s account is reduced
by the amount of service credit,
contribuons and interest in
accordance with the order.
Member Account
Member
Account
Nonmember
Account
Refund
Rerement
Account on
Deposit
Acve
Account
yes
Opon
Acve vested members may
rere (if eligible), or — upon
terminaon — opt for a refund
or deferred rerement.
no
Aer the nonmember
receives a refund, the
member has five years to
repurchase the service
credits which were
transferred to
nonmember.
If a non‐vested member terminates
employment, they may elect to leave their
account on deposit or take a refund.
Once a member is vested, the
vested member may elect a
refund, rerement (if eligible),
or deferred rerement.
Opon
A deferred member may opt
for rerement (if eligible) or
take a refund at any me.
Deferred
Rerement
Opon
Refund
The refund may be taken in the form of a withdrawal
or a rollover to an IRA or other tax‐deferred account.
MEMBER PROPERTY NONMEMBER PROPERTY
A
Start here
Judge signs Model Order A, and
SamCERA splits the member account.
M O A
PRE‐RETIREMENT CONTRIBUTORY PLAN NON‐VESTED MEMBERS: MODEL ORDER A
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member account.
Your SamCERA benefits will be divided into two separate accounts in accordance with the order.
Account is split
Does member
connue to
work aer
the account is
split?
10
The monthly rerement
benefit will be shared
according to the court order.
Member Benefit
Member
Benefit
Nonmember
Benefit
The monthly rerement
benefit will be shared
according to the court order.
MEMBER PROPERTY NONMEMBER PROPERTY
Benefit is shared
MEMBERS WHO DIVORCE AFTER REGULAR SERVICE RETIREMENT: MODEL ORDER B
B
Start here
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member benefit.
Your SamCERA benefits will be divided in accordance with the order. If you are geng a legal separaon, contact SamCERA.
Judge signs Model Order B, and
SamCERA splits the member benefit.
M O B
Benefit
Stops
If the nonmember dies before
the member, the nonmember’s
benefits will be paid to the
nonmember’s beneficiary/estate
unl the death of the member.
Connuance
Who dies
first?
nonmember
dies first
Benefit
Stops
member
dies first
The nonmember will
connue to receive his/her
community share unl the
beneficiary dies.
Who dies
first?
nonmember
dies first
member
dies first
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
yes no
The nonmember’s
community share stops.
However, the
nonmember now receives
the beneficiary
connuance.
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
no
yes
The beneficiary will
receive a beneficiary
connuance unl his/
her death.
The member will
connue to receive his/
her member’s share in
accordance with the
court order.
11
The nonmember’s account is
credited with service credit in
accordance with the order.
A deferred member’s account
remains inacve unl further
acon.
Decision
Does member
connue to
work?
Decision
Does nonmember opt
for a rerement (if
eligible), or deferred
rerement?
When the acve vested
member connues to work, the
account remains acve and is
credited with service credit in
accordance with the member’s
rerement plan.
The member’s account is
credited with service credit in
accordance with the order.
The nonmember’s account
remains inacve unl further
acon.
Vested members no longer
working may opt for deferred
rerement, or rerement (if
eligible).
Member Account
Member
Account
Nonmember
Account
Deferred
Rerement
Rerement
Rerement
Deferred
Rerement
Acve
Account
yes
Opon
Acve vested members may
rere (if eligible), or — upon
terminaon — opt for a
deferred rerement.
no
A deferred member may
rere when eligible.
Opon
Vested non‐members can opt
for rerement when eligible.
Opon
MEMBER PROPERTY NONMEMBER PROPERTY
Account is split
NON‐CONTRIBUTORY PLAN ACTIVE VESTED MEMBERS: MODEL ORDER C
C
Start here
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member account.
Your SamCERA benefits will be divided into two separate accounts in accordance with the order.
Judge signs Model Order C, and
SamCERA splits the member account.
M O C
The member is eligible to rere and collect benefits at age 55
with 10 total years of membership.
The nonmember is eligible to rere and collect benefits when the
member or nonmember is age 55 and the member has 10 total
years of membership.
12
Member Benefit
Because disability rerement benefits are calculated differently than other rerement benefits, disability rerement benefits
are not split in the same manner as other rerement benefits. Contact SamCERA for more details.
Which model order
should member use?
Member Benefit
D1
D1
Judge signs Model Order D1, and
SamCERA splits the benefit.
Benefit is split
MEMBERS WHO DIVORCE AFTER A DISABILITY RETIREMENT: MODEL ORDER D1
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member benefit.
Your SamCERA benefits will be divided in accordance with the order. If you are geng a legal separaon, contact SamCERA.
Start here
Member must call SamCERA to determine whether
Model Order D1 or D2 should be used.
D2
See next page for
Model Order D2
The monthly rerement
benefit will be shared
according to the court order.
Member
Benefit
Nonmember
Benefit
The monthly rerement
benefit will be shared
according to the court order.
MEMBER PROPERTY NONMEMBER PROPERTY
Benefit
Stops
If the nonmember dies before
the member, the nonmember’s
benefits will be paid to the
nonmember’s beneficiary/estate
unl the death of the member.
Connuance
Who dies
first?
nonmember
dies first
Benefit
Stops
member
dies first
The nonmember will
connue to receive his/her
community share unl the
beneficiary dies.
Who dies
first?
nonmember
dies first
member
dies first
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
yes no
The nonmember’s
community share stops.
However, the
nonmember now receives
the beneficiary
connuance.
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
no
yes
The beneficiary will
receive a beneficiary
connuance unl his/
her death.
The member will
connue to receive his/
her member’s share in
accordance with the
court order.
13
Member Benefit
Because disability rerement benefits are calculated differently than other rerement benefits, disability rerement benefits
are not split in the same manner as other rerement benefits. Contact SamCERA for more details.
Which model order should
member use?
Member Benefit
D1
D2
D2
Important: The member will maintain sole possession of the benefit unl he
or she reaches the minimum age and service me requirements. At that date
(set forth in Model Order D2), the nonmember may submit an applicaon
and receive a community interest as a monthly benefit.
Benefit is split when member
reaches minimum age and
service me requirements.
MEMBERS WHO DIVORCE AFTER A DISABILITY RETIREMENT: MODEL ORDER D2
If you are divorced or filing a dissoluon of marriage or domesc partnership, you will need to get a court order to split the member benefit.
Your SamCERA benefits will be divided in accordance with the order. If you are geng a legal separaon, contact SamCERA.
Judge signs Model Order D2, and
SamCERA member retains ownership
of the account.
Start here
Member must call SamCERA to determine whether
Model Order D1 or D2 should be used.
See previous page for
Model Order D1
The monthly rerement
benefit will be shared
according to the court order.
Member
Benefit
Nonmember
Benefit
The monthly rerement
benefit will be shared
according to the court order.
MEMBER PROPERTY NONMEMBER PROPERTY
Benefit
Stops
If the nonmember dies before
the member, the nonmember’s
benefits will be paid to the
nonmember’s beneficiary/estate
unl the death of the member.
Connuance
Who dies
first?
nonmember
dies first
Benefit
Stops
member
dies first
The nonmember will
connue to receive his/her
community share unl the
beneficiary dies.
Who dies
first?
nonmember
dies first
member
dies first
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
yes no
The nonmember’s
community share stops.
However, the
nonmember now receives
the beneficiary
connuance.
What opon was
selected at rerement?
unmodified
modified
Was the nonmember named
beneficiary?
no
yes
The beneficiary will
receive a beneficiary
connuance unl his/
her death.
The member will
connue to receive his/
her member’s share in
accordance with the
court order.
14
The member is eligible to rere and collect benefits as
defined by the provisions of the member’s rerement plan.
Decision
Does member
connue to
work?
Inacve Account
The member
retains his or her
service credit.
Rerement
Acve
Account
yes
Opon
Acve vested members may
rere (if eligible), or — upon
terminaon — opt for a
deferred rerement.
Once a member is vested, the
vested member may elect
rerement (if eligible), or
deferred rerement.
A deferred member may opt
for rerement when eligible.
Deferred
Rerement
Opon
no
The nonmember
does not receive
anything.
Member Account
MEMBER PROPERTY NONMEMBER PROPERTY
NON‐VESTED NON‐CONTRIBUTORY PLAN MEMBERS: NO MODEL ORDER
Start here
In the event of a divorce or dissoluon proceeding, a non‐vested, non‐contributory SamCERA account is not divided between the member and
the non‐member because there are no contribuons to divide. The member will retain his or her service credit, and there is no model order
to use for this scenario.
N M O
15
Appendix B:
Excerpts From
Applicable Statutes
16
Government Code
ARTICLE 8.4. COMMUNITY
PROPERTY
§ 31685. Legal separaon or marriage
dissoluon; date of separaon; separaon
of member and nonmember accounts;
nonmember's rights
(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 Section 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.
(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.
§ 31685.1. Nonmember
“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.
§ 31685.2. Nonmember awarded separate
account; right to refund; applicaon;
effecve date; waiver
(a) The nonmember who is awarded a
separate account shall have the right to a
refund of the accumulated contributions and
interest credited in the separate account of
the nonmember.
(b) The nonmember shall file an application
on a form provided by the system to obtain
the refund.
(c) The refund shall be effective when the
system deposits in the United States mail an
initial warrant drawn in favor of the
nonmember and addressed to the latest
address for the nonmember on file with the
system.
(d) The nonmember is deemed to have
permanently waived all rights in the system
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and all rights to any future retirement
benefits pertaining to the service credit
accumulated contributions, or both, when
the refund becomes effective.
(e) The nonmember may not cancel a refund
once it has become effective.
(f) The nonmember shall have no right to
elect to redeposit the refunded accumulated
contributions from the nonmember's account
after the refund is effective, and shall have no
right to redeposit or to purchase service credit
after the refund becomes effective.
(g) If at the time of the marriage dissolution
or legal separation, the member does not
have the necessary minimum credited service
to elect deferred retirement, the nonmember
shall receive a refund of the accumulated
contributions and credited interest placed in
the nonmember's account.
(h) If the nonmember receives a refund under
this section, the member may elect to
redeposit accumulated contributions and
interest refunded to the nonmember and to
receive credit for the service time that had
been forfeited by the nonmember. The
election shall be made within five years of
receipt of notice from the board of eligibility
to redeposit the contributions. The board
shall establish the manner of payment and
the time period within which the redeposit of
contributions may be made. The interest rate
established by the board shall be the same as
that charged to members on all other
redeposits.
§ 31685.3. Nonmember's redeposit of
accumulated contribuons and interest
previously refunded to member; court
determinaon; member's rights
(a) The nonmember who is awarded a
separate account may redeposit accumulated
contributions and interest previously
refunded to the member in accordance with
the determination of the court required by
Section 31685.
(b) The nonmember may redeposit only those
accumulated contributions and interest that
were previously refunded to the member and
that the court has determined to be the
community property interest of the
nonmember in the accumulated
contributions.
(c) If the nonmember elects to redeposit, he
or she shall repay the accumulated
contributions and interest.
(d) An election to redeposit shall be
considered an election to repay all
accumulated contributions and interest
previously refunded that the nonmember is
entitled to redeposit.
(e) The right of the nonmember to redeposit
is subject to the regulations of the board.
(f) The member has no right to the court-
determined nonmember share of any
previously refunded accumulated
contributions and interest whether or not the
nonmember elects to redeposit until the
effective date of any refund requested by the
nonmember pursuant to Section 31685.2, or
the nonmember dies before redeposit is
completed. However, any right to redeposit
previously refunded accumulated
contributions and interest not explicitly
awarded to the nonmember by the judgment
or court order shall be deemed the exclusive
property of the member.
(g) Any redeposit by the nonmember shall be
made by lump sum before retirement.
§ 31685.4. Service credit; nonmember's
right to purchase community property
share; court determinaon; member's
rights
(a) The nonmember shall have the right to
purchase service credit pursuant to the
determination of the court required by
Section 31685.
(b) The nonmember may purchase only that
18
service credit that the court has determined
to be the community property share of the
nonmember spouse.
(c) If the nonmember elects to purchase
service credit, he or she shall pay, prior to
retirement, the contributions and interest
pursuant to the regulations of the board.
(d) The nonmember shall have no right to
purchase the service credit after the effective
date of a refund of the accumulated
contributions in the separate account of the
nonmember.
(e) The member has no right to the court-
determined nonmember share of the service
credit whether or not the nonmember elects
to purchase the service credit until the
effective date of any refund requested by the
nonmember pursuant to Section 31685.2, or
the nonmember dies before the service credit
is purchased. However, any service credit
eligible for purchase that is not explicitly
awarded to the nonmember by the judgment
or court order shall be deemed the exclusive
property of the member.
§ 31685.5. Nonmember's rerement;
condions
A nonmember shall be retired upon his or
her written application to the board if all of
the following conditions are met:
(a) The member or nonmember has attained
the minimum age prescribed by the
applicable service retirement formula of the
member.
(b) On the date of retirement, the member
had sufficient credited service to retire for
service, notwithstanding any service credit
awarded to the nonmember.
§ 31685.6. Effecve date of rerement;
accrual of rerement allowance
Retirement shall be effective and the
retirement allowance shall begin to accrue as
of the date designated in the nonmember's
application as the effective date of retirement,
or the day following the date of court order
dividing the community property of the
member and nonmember, if later. In no
event shall the retirement become effective or
the retirement allowance begin to accrue
earlier than the first day of the month in
which the nonmember's application is
received at an office of the board or by an
employee of the system designated by the
board.
§ 31685.7. Final compensaon; rerement
dates of nonmember and member
(a) If the nonmember retires before the
member retires, “final compensation” means
the highest average annual compensation
earnable by the member during the three
consecutive years, or one year where
applicable, prior to the date the nonmember
retires. The nonmember may designate an
earlier period to be used where the time
period of the nonmember's marriage to the
member and membership correspond.
(b) If the member has retired before the
nonmember, the “final compensation” for
the nonmember shall be the final
compensation used in calculating the
member's retirement.
(c) Upon receipt of an application for
retirement by the member, the board shall
notify the nonmember that his or her final
compensation will not increase any further
and shall identify which options are available
to the nonmember and the impact thereof.
§ 31685.8. Service rerement formula;
service credited to nonmember
A nonmember entitled to receive a
retirement allowance shall receive a
retirement allowance based on the service
retirement formula applicable to the service
credited to the nonmember.
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§ 31685.9. Disability of member
If a member becomes disabled, the combined
benefit payments to both the member and
nonmember shall not exceed the amount that
would otherwise be paid to the member
alone.
§ 31685.95. Rerement plan payments
resulng in increased benefits; actuarial
economic and demographic assumpons
and values
(a) Under no circumstances shall a retirement
plan be required to make payments in any
manner that will result in an increase in the
amount of benefits provided under the plan.
(b) All benefits determined pursuant to Part 5
(commencing with Section 2610) of Division
7 of the Family Code and this article shall be
determined on the basis of the actuarial
economic and demographic assumptions and
values prescribed by the board of the affected
retirement plan.
§ 31685.96. Age factors
(a) The age factor applicable to the
nonmember shall be based on the age of the
nonmember at the time of his or her
retirement.
(b) The board shall adopt age factors as
recommended by the actuary.
§ 31685.96. Operaon of arcle; resoluon
by county
This article shall not be operative in any
county until the board of supervisors shall, by
resolution adopted by a majority vote, make
this article applicable in the county.
20
Family Code
§ 2610. Rerement plans; orders to ensure
benefits
(a) Except as provided in subdivision (b), the
court shall make whatever orders are neces-
sary or appropriate to ensure that each party
receives the party's full community property
share in any retirement plan, whether public
or private, including all survivor and death
benefits, including, but not limited to, any of
the following:
(1) Order the disposition of any retirement
benefits payable upon or after the death of
either party in a manner consistent with Sec-
tion 2550.
(2) Order a party to elect a survivor benefit
annuity or other similar election for the bene-
fit of the other party, as specified by the
court, in any case in which a retirement plan
provides for such an election, provided that
no court shall order a retirement plan to pro-
vide increased benefits determined on the
basis of actuarial value.
(3) Upon the agreement of the nonemployee
spouse, order the division of accumulated
community property contributions and ser-
vice credit as provided in the following or
similar enactments:
(A) Article 2 (commencing with Section
21290) of Chapter 9 of Part 3 of Division 5
of Title 2 of the Government Code.
(B) Chapter 12 (commencing with Section
22650) of Part 13 of the Education Code.
(C) Article 8.4 (commencing with Section
31685) of Chapter 3 of Part 3 of Division 4
of Title 3 of the Government Code.
(D) Article 2.5 (commencing with Section
75050) of Chapter 11 of Title 8 of the Gov-
ernment Code.
(E) Chapter 15 (commencing with Section
27400) of Part 14 of the Education Code.
(4) Order a retirement plan to make pay-
ments directly to a nonmember party of his
or her community property interest in retire-
ment benefits.
(b) A court shall not make any order that re-
quires a retirement plan to do either of the
following:
(1) Make payments in any manner that will
result in an increase in the amount of bene-
fits provided by the plan.
(2) Make the payment of benefits to any party
at any time before the member retires, except
as provided in paragraph (3) of subdivision
(a), unless the plan so provides.
(c) This section shall not be applied retroac-
tively to payments made by a retirement plan
to any person who retired or died prior to
January 1, 1987, or to payments made to any
person who retired or died prior to June 1,
1988, for plans subject to paragraph (3) of
subdivision (a).