22650. (a) This chapter establishes the power of a court in a
dissolution of marriage or legal separation action with respect to
community property rights in accounts with the plan under this part
and establishes and defines the rights of nonmember spouses and
nonmember registered domestic partners in the plan under this part.
(b) For purposes of this chapter, the termination, dissolution, or
nullity of a registered domestic partnership, or the legal
separation of partners in a registered domestic partnership, as
provided in Section 299 of the Family Code, shall be treated in the
same manner as a dissolution of marriage or legal separation of a
member and his or her spouse.
22651. (a) For purposes of this chapter and Section 23300,
"nonmember spouse" means a member's spouse or former spouse, and also
includes a member's registered domestic partner or former registered
domestic partner, who is being or has been awarded a community
property interest in the service credit, accumulated retirement
contributions, accumulated Defined Benefit Supplement account
balance, or benefits of the member under this part.
(b) For purposes of this chapter and Section 23300, a member's
registered domestic partner or former registered domestic partner who
is being or has been awarded a community property interest in the
service credit, accumulated retirement contributions, accumulated
Defined Benefit Supplement account balance, or benefits of the member
under this part shall be treated in the same manner as a nonmember
spouse.
(c) A nonmember spouse shall not be considered a member based upon
his or her receipt of any of the following being awarded to the
nonmember spouse as a result of legal separation or dissolution of
marriage:
(1) A separate account of service credit and accumulated
retirement contributions, a retirement allowance, or an interest in
the member's retirement allowance under the Defined Benefit Program.
(2) A separate account based on the member's Defined Benefit
Supplement account balance, a retirement benefit, or an interest in
the member's retirement benefit under the Defined Benefit Supplement
Program.
22652. (a) Upon the legal separation or dissolution of marriage of
a member, other than a retired member, the court shall include in the
judgment or a court order the date on which the parties separated.
(b) The court may order in the judgment or court order that the
member's accumulated retirement contributions and service credit
under the Defined Benefit Program, or the member's Defined Benefit
Supplement account balance, or both, under this part that are
attributable to periods of service during the marriage be divided
into two separate and distinct accounts in the name of the member and
the nonmember spouse, respectively. Any service credit and
accumulated retirement contributions under the Defined Benefit
Program and any accumulated Defined Benefit Supplement account
balance under this part that are not explicitly awarded by the
judgment or court order shall be deemed the exclusive property of the
member under the Defined Benefit Program or the Defined Benefit
Supplement Program, as applicable.
(c) The determination of the court of community property rights
pursuant to this section shall be consistent with this chapter and
shall address the rights of the nonmember spouse under this part,
including, but not limited to, the following:
(1) The right to a retirement allowance under the Defined Benefit
Program and, if applicable, a retirement benefit under the Defined
Benefit Supplement Program.
(2) The right to a refund of accumulated retirement contributions
under the Defined Benefit Program and the return of the accumulated
Defined Benefit Supplement account balance that were awarded to the
nonmember spouse.
(3) The right to redeposit all or a portion of accumulated
retirement contributions previously refunded to the member which the
member is eligible to redeposit pursuant to Sections 23200 to 23203,
inclusive, and shall specify the shares of the redeposit amount
awarded to the member and the nonmember spouse.
(4) The right to purchase additional service credit that the
member is eligible to purchase pursuant to Sections 22800 to 22810,
inclusive, and shall specify the shares of the additional service
credit awarded to the member and the nonmember spouse.
22653. (a) The nonmember spouse who is awarded a separate account
under this part pursuant to Section 22652 is not a member of the
Defined Benefit Program based on that award. The nonmember spouse is
entitled only to rights and benefits based on that award explicitly
established by this chapter.
(b) This section shall not be construed to limit any right arising
from the account of a nonmember spouse under this part that exists
because the nonmember spouse is or was employed to perform creditable
service subject to coverage by the Defined Benefit Program.
22655. (a) Upon the legal separation or dissolution of marriage of
a retired member, the court may include in the judgment or court
order a determination of the community property rights of the parties
in the retired member's retirement allowance and, if applicable,
retirement benefit under this part consistent with this section. Upon
election under subparagraph (B) of paragraph (3) of subdivision (a)
of Section 2610 of the Family Code, the court order awarding the
nonmember spouse a community property share in the retirement
allowance or retirement benefit, or both, of a retired member shall
be consistent with this section.
(b) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving a retirement allowance that has not been
modified pursuant to Section 24300 or 24300.1, a single life annuity
pursuant to Section 25011 or 25018, or a member only annuity
described in paragraph (1) of subdivision (a) of Sections 25011.1 and
25018.1, the court shall require only that the system pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance or retirement
benefit, or both, under this part.
(c) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving an allowance that has been actuarially
modified pursuant to Section 24300 or 24300.1, or a joint and
survivor annuity pursuant to Section 25011, 25011.1, 25018, or
25018.1, the court shall order only one of the following:
(1) The retired member shall maintain the retirement allowance or
joint and survivor annuity, or both, under this part without change.
(2) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect a new joint and survivor option or designate a new beneficiary
or both, and the system shall pay the nonmember spouse, by separate
warrant, his or her community property share of the retirement
allowance payable to the retired member, the option beneficiary, or
both.
(3) The retired member shall cancel the joint and survivor annuity
under which the retirement benefit is being paid pursuant to Section
24305.3, and elect a new joint and survivor annuity or designate a
new annuity beneficiary or both, based on the actuarial equivalent of
the member's canceled annuity, and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retirement benefit payable to the retired member, the
annuity beneficiary, or both.
(4) The retired member shall take the action specified in both
paragraphs (2) and (3).
(5) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect an unmodified retirement allowance and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance under this part.
(6) The retired member shall cancel, pursuant to Section 24305.3,
the joint and survivor annuity under which the retirement benefit is
being paid, and elect a single life annuity, and the system shall pay
the nonmember spouse, by separate warrant, his or her community
property share of the retirement benefit payable to the retired
member.
(7) The retired member shall take the action specified in both
paragraphs (5) and (6).
(d) If the option beneficiary or annuity beneficiary or both under
this part, other than the nonmember spouse, predeceases the retired
member, the court shall order the retired member to designate a new
option beneficiary pursuant to Section 24306, or a new annuity
beneficiary pursuant to Section 24305.3 and shall order the system to
pay the nonmember spouse, by separate warrant, his or her share of
the community property interest in the retirement allowance or
retirement benefit payable to the retired member or the new option
beneficiary or annuity beneficiary or each of them.
(e) The right of the nonmember spouse to receive his or her
community property share of the retired member's retirement allowance
or retirement benefit or both under this section shall terminate
upon the death of the nonmember spouse. However, the nonmember spouse
may designate a beneficiary under the Defined Benefit Program and a
payee under the Defined Benefit Supplement Program to receive his or
her community property share of the retired member's accumulated
retirement contributions and accumulated Defined Benefit Supplement
account balance under this part in the event that there are remaining
accumulated retirement contributions and a balance of credits in the
member's Defined Benefit Supplement account to be paid upon the
death of the nonmember spouse.
22656. No judgment or court order issued pursuant to this chapter
is binding on the system with respect to the Defined Benefit Program
or the Defined Benefit Supplement Program until the system has been
joined as a party to the action and has been served with a certified
copy of the judgment or court order.
22657. (a) The following provisions shall apply to a nonmember
spouse as if he or she were a member under this part: Sections 22107,
22306, 22906, and 23802, subdivisions (a) and (b) of Section 24600,
and Sections 24601, 24602, 24603, 24605, 24606, 24607, 24608, 24611,
24612, 24613, 24616, 24617, 25009, 25010, 25011, 25011.1, 25013,
25020, 25021, and 25022.
(b) Notwithstanding subdivision (a), this section shall not be
construed to establish any right for the nonmember spouse under this
part that is not explicitly established in Sections 22650 to 22655,
inclusive, and Sections 22658 to 22665, inclusive.
22658. (a) A separate account awarded to a nonmember spouse
pursuant to Section 22652 shall be administered independently of the
member's account.
(b) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to a separate account of a nonmember spouse
under this part shall not be combined in any way or for any purpose
with the accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation of any other separate account of the nonmember spouse.
(c) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to the separate account of a nonmember
spouse shall not be combined in any way or for any purpose with the
accumulated Defined Benefit Supplement account balance, accumulated
retirement contributions, service credit, and final compensation of
an account that exists under this part because the nonmember spouse
is employed or has been employed to perform creditable service
subject to coverage under the Defined Benefit Program or the Defined
Benefit Supplement Program.
22659. Upon being awarded a separate account or an interest in the
retirement allowance or retirement benefit of a retired member under
this part, a nonmember spouse shall provide the system with proof of
his or her date of birth, social security number, and any other
information requested by the system, in the form and manner requested
by the system.
22660. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to designate, pursuant to
Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to
receive the accumulated retirement contributions under the Defined
Benefit Program and to designate a payee to receive the accumulated
Defined Benefit Supplement account balance under the Defined Benefit
Supplement Program remaining in the separate account of the nonmember
spouse on his or her date of death, and any accrued allowance or
accrued benefit under the Defined Benefit Supplement Program that is
attributable to the separate account of the nonmember spouse and that
is unpaid on the date of the death of the nonmember spouse.
(b) This section shall not be construed to provide the nonmember
spouse with any right to elect to modify a retirement allowance under
Section 24300 or 24300.1, or to elect a joint and survivor annuity
under the Defined Benefit Supplement Program.
22661. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to a refund of the accumulated
retirement contributions in the account under the Defined Benefit
Program, and a return of the Defined Benefit Supplement account
balance, of the nonmember spouse under this part.
(b) The nonmember spouse shall file an application on a form
provided by the system to obtain a refund or lump-sum payment.
(c) The refund of accumulated retirement contributions in the
account under the Defined Benefit Program and the return of the
accumulated Defined Benefit Supplement account balance under this
part are effective when the system deposits in the United States mail
an initial warrant drawn in favor of the nonmember spouse and
addressed to the latest address for the nonmember spouse on file with
the system.
(d) If the nonmember spouse has elected on a form provided by the
system to transfer all or a specified portion of the accumulated
retirement contributions or accumulated Defined Benefit Supplement
account balance that are eligible for direct trustee-to-trustee
transfer to the trustee of a qualified plan under Section 402 of the
Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 402), deposit in the
United States mail of a notice that the requested transfer has been
made constitutes a refund of the nonmember spouse's accumulated
retirement contributions as defined in Section 22161.5 or the return
of the accumulated Defined Benefit Supplement account balance. This
subdivision shall not apply to a nonmember domestic partner,
consistent with Section 402 of the Internal Revenue Code.
(e) The nonmember spouse is deemed to have permanently waived all
rights and benefits pertaining to the service credit, accumulated
retirement contributions, and accumulated Defined Benefit Supplement
account balance under this part when the refund and lump-sum payment
become effective.
(f) The nonmember spouse may not cancel a refund or lump-sum
payment under this part after it is effective.
(g) The nonmember spouse shall not have a right to elect to
redeposit the refunded accumulated retirement contributions under
this part after the refund is effective, to redeposit under Section
22662 or purchase additional service credit under Section 22663 after
the refund becomes effective, or to redeposit the accumulated
Defined Benefit Supplement account balance after the lump-sum payment
becomes effective.
(h) If the total service credit in the separate account of the
nonmember spouse under the Defined Benefit Program, including service
credit purchased under Sections 22662 and 22663, is less than two
and one-half years, the board shall refund the accumulated retirement
contributions in the account.
22662. The nonmember spouse who is awarded a separate account under
the Defined Benefit Program may redeposit accumulated retirement
contributions previously refunded to the member in accordance with
the determination of the court pursuant to Section 22652.
(a) The nonmember spouse may redeposit under the Defined Benefit
Program only those accumulated retirement contributions that were
previously refunded to the member and in which the court has
determined the nonmember spouse has a community property interest.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to redeposit within 180 days after the judgment or
court order that specifies the redeposit rights of the nonmember
spouse is entered. The nonmember spouses' election to redeposit shall
be made on a form provided by the system within 30 days after the
system mails an election form and the billing.
(c) If the nonmember spouse elects to redeposit under the Defined
Benefit Program, he or she shall repay all or a portion of the member'
s refunded accumulated retirement contributions that were awarded to
the nonmember spouse and shall pay regular interest from the date of
the refund to the date payment of the redeposit is completed.
(d) All payments shall be received by the system before the
effective date of the nonmember spouse's retirement under this part.
If any payment due because of the election is not received at the
system's headquarters office, as established pursuant to Section
22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(e) The right of the nonmember spouse to redeposit shall be
subject to Section 23203.
(f) The member shall not have a right to redeposit the share of
the nonmember spouse in the previously refunded accumulated
retirement contributions under this part whether or not the nonmember
spouse elects to redeposit. However, any accumulated retirement
contributions previously refunded under this part and not explicitly
awarded to the nonmember spouse under this part by the judgment or
court order shall be deemed the exclusive property of the member.
22663. The nonmember spouse who is awarded a separate account under
this part has the right to purchase additional service credit in
accordance with the determination of the court pursuant to Section
22652.
(a) The nonmember spouse may purchase only the service credit that
the court, pursuant to Section 22652, has determined to be the
community property interest of the nonmember spouse.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to purchase additional service credit within 180 days
after the date the judgment or court order addressing the right of
the nonmember spouse to purchase additional service credit is
entered. The nonmember spouse shall elect to purchase additional
service credit on a form provided by the system within 30 days after
the system mails an election form and billing.
(c) If the nonmember spouse elects to purchase additional service
credit, he or she shall pay, prior to retirement under this part, all
contributions with respect to the additional service at the
contribution rate for additional service credit in effect at the time
of election and regular interest from July 1 of the year following
the year upon which contributions are based.
(1) (A) The nonmember spouse shall purchase additional service
credit by paying the required contributions and interest in one lump
sum, or in not more than 120 monthly installments, provided that no
installment, except the final installment, is less than twenty-five
dollars ($25). Regular interest shall be charged on the monthly,
unpaid balance if the nonmember spouse pays in installments.
(B) If any payment due, because of the election, is not received
at the system's headquarters office, as established pursuant to
Section 22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(2) The contributions shall be based on the member's compensation
earnable in the most recent school year during which the member was
employed, preceding the date of separation established by the court
pursuant to Section 22652.
(3) All payments of contributions and interest shall be received
by the system before the effective date of the retirement of the
nonmember spouse.
(d) The nonmember spouse does not have a right to purchase
additional service credit under this part after the effective date of
a refund of the accumulated retirement contributions in the separate
account of the nonmember spouse.
(e) The member does not have a right to purchase the community
property interest of the nonmember spouse of additional service
credit under this part whether or not the nonmember spouse elects to
purchase the additional service credit. However, any additional
service credit eligible for purchase that is not explicitly awarded
to the nonmember spouse by the judgment or court order shall be
deemed the exclusive property of the member.
22664. The nonmember spouse who is awarded a separate account shall
have the right to a service retirement allowance and, if applicable,
a retirement benefit under this part.
(a) The nonmember spouse shall be eligible to retire for service
under this part if the following conditions are satisfied:
(1) The member had at least five years of credited service during
the period of marriage, at least one year of which had been performed
subsequent to the most recent refund to the member of accumulated
retirement contributions. The credited service may include service
credited to the account of the member as of the date of the
dissolution or legal separation, previously refunded service,
out-of-state service, and permissive service credit that the member
is eligible to purchase at the time of the dissolution or legal
separation.
(2) The nonmember spouse has at least 2 1/2 years of credited
service in his or her separate account.
(3) The nonmember spouse has attained 55 years of age or more.
(b) A service retirement allowance of a nonmember spouse under
this part shall become effective upon a date designated by the
nonmember spouse, provided:
(1) The requirements of subdivision (a) are satisfied.
(2) The nonmember spouse has filed an application for service
retirement on a properly executed form provided by the system, that
is executed no earlier than six months before the effective date of
the retirement allowance.
(3) The effective date is no earlier than the first day of the
month that the application is received at the system's headquarters
office as described in Section 22375, and the effective date is after
the date the judgment or court order pursuant to Section 22652 was
entered.
(c) (1) Upon service retirement at normal retirement age under
this part, the nonmember spouse shall receive a retirement allowance
that shall consist of an annual allowance payable in monthly
installments equal to 2 percent of final compensation for each year
of credited service.
(2) If the nonmember spouse's retirement is effective at less than
normal retirement age and between early retirement age under this
part and normal retirement age, the retirement allowance shall be
reduced by one-half of 1 percent for each full month, or fraction of
a month, that will elapse until the nonmember spouse would have
reached normal retirement age.
(3) If the nonmember spouse's service retirement is effective at
an age greater than normal retirement age and is effective on or
after January 1, 1999, the percentage of final compensation for each
year of credited service shall be determined pursuant to the
following table:
Age at Retirement Percentage
60 1/4 ................. 2.033
60 1/2 ................. 2.067
60 3/4 ................. 2.10
61 ...................... 2.133
61 1/4 ................. 2.167
61 1/2 ................. 2.20
61 3/4 ................. 2.233
62 ...................... 2.267
62 1/4 ................. 2.30
62 1/2 ................. 2.333
62 3/4 ................. 2.367
63 and over ............. 2.40
(4) In computing the retirement allowance of the nonmember spouse,
the age of the nonmember spouse on the last day of the month that
the retirement allowance begins to accrue shall be used.
(5) Final compensation, for purposes of calculating the service
retirement allowance of the nonmember spouse under this subdivision,
shall be calculated according to the definition of final compensation
in Section 22134, 22134.5, 22135, or 22136, whichever is applicable,
and shall be based on the member's compensation earnable up to the
date the parties separated, as established in the judgment or court
order pursuant to Section 22652. The nonmember spouse shall not be
entitled to use any other calculation of final compensation.
(d) Upon service retirement under this part, the nonmember spouse
shall receive a retirement benefit based on an amount equal to the
balance of credits in the nonmember spouse's Defined Benefit
Supplement account on the date the retirement benefit becomes
payable.
(1) A retirement benefit shall be a lump-sum payment, or an
annuity payable in monthly installments, or a combination of both a
lump-sum payment and an annuity, as elected by the nonmember spouse
on the application for a retirement benefit. A retirement benefit
paid as an annuity under this chapter shall be subject to Sections
22660, 25011, and 25011.1.
(2) Upon distribution of the entire retirement benefit in a
lump-sum payment, no other benefit shall be payable to the nonmember
spouse or the nonmember spouse's beneficiary under the Defined
Benefit Supplement Program.
(e) If the member is or was receiving a disability allowance under
this part with an effective date before or on the date the parties
separated as established in the judgment or court order pursuant to
Section 22652, or at any time applies for and receives a disability
allowance with an effective date that is before or coincides with the
date the parties separated as established in the judgment or court
order pursuant to Section 22652, the nonmember spouse shall not be
eligible to retire until after the disability allowance of the member
terminates. If the member who is or was receiving a disability
allowance returns to employment to perform creditable service subject
to coverage under the Defined Benefit Program or has his or her
allowance terminated under Section 24015, the nonmember spouse may
not be paid a retirement allowance until at least six months after
termination of the disability allowance and the return of the member
to employment to perform creditable service subject to coverage under
the Defined Benefit Program, or the termination of the disability
allowance and the employment or self-employment of the member in any
capacity, notwithstanding Section 22132. If at the end of the
six-month period, the member has not had a recurrence of the original
disability or has not had his or her earnings fall below the amounts
described in Section 24015, the nonmember spouse may be paid a
retirement allowance if all other eligibility requirements are met.
(1) The retirement allowance of the nonmember spouse under this
subdivision shall be calculated as follows: the disability allowance
the member was receiving, exclusive of the portion for dependent
children, shall be divided between the share of the member and the
share of the nonmember spouse. The share of the nonmember spouse
shall be the amount obtained by multiplying the disability allowance,
exclusive of the portion for dependent children, by the years of
service credited to the separate account of the nonmember spouse,
including service projected to the date of separation, and dividing
by the projected service of the member. The nonmember spouse's
retirement allowance shall be the lesser of the share of the
nonmember spouse under this subdivision or the retirement allowance
under subdivision (c).
(2) The share of the member shall be the total disability
allowance reduced by the share of the nonmember spouse. The share of
the member shall be considered the disability allowance of the member
for purposes of Section 24213.
(f) The nonmember spouse who receives a retirement allowance is
not a retired member under this part. However, the allowance of the
nonmember spouse shall be increased by application of the improvement
factor and shall be eligible for the application of supplemental
increases and other benefit maintenance provisions under this part,
including, but not limited to, Sections 24412 and 24415 based on the
same criteria used for the application of these benefit maintenance
increases to the service retirement allowances of members.
22665. The system shall include the service credit awarded to a
nonmember spouse in the judgment or court order to determine the
eligibility of a member for a retirement or disability allowance
under this part. That portion of awarded service credit based on
previously refunded accumulated retirement contributions or on
permissive service credit may not be used by the member for
eligibility requirements until the member has redeposited or
purchased his or her portion of the service credit. The member's
service retirement allowance shall be calculated based on the service
credit in the member's account on the effective date of service
retirement.
22666. It is the intent of the Legislature to abolish any remaining
application of the terminable interest doctrine in California
relating to the division of public retirement benefits of a member in
the event of dissolution of marriage or death if the division is
made under this chapter.
22650. (a) This chapter establishes the power of a court in a
dissolution of marriage or legal separation action with respect to
community property rights in accounts with the plan under this part
and establishes and defines the rights of nonmember spouses and
nonmember registered domestic partners in the plan under this part.
(b) For purposes of this chapter, the termination, dissolution, or
nullity of a registered domestic partnership, or the legal
separation of partners in a registered domestic partnership, as
provided in Section 299 of the Family Code, shall be treated in the
same manner as a dissolution of marriage or legal separation of a
member and his or her spouse.
22651. (a) For purposes of this chapter and Section 23300,
"nonmember spouse" means a member's spouse or former spouse, and also
includes a member's registered domestic partner or former registered
domestic partner, who is being or has been awarded a community
property interest in the service credit, accumulated retirement
contributions, accumulated Defined Benefit Supplement account
balance, or benefits of the member under this part.
(b) For purposes of this chapter and Section 23300, a member's
registered domestic partner or former registered domestic partner who
is being or has been awarded a community property interest in the
service credit, accumulated retirement contributions, accumulated
Defined Benefit Supplement account balance, or benefits of the member
under this part shall be treated in the same manner as a nonmember
spouse.
(c) A nonmember spouse shall not be considered a member based upon
his or her receipt of any of the following being awarded to the
nonmember spouse as a result of legal separation or dissolution of
marriage:
(1) A separate account of service credit and accumulated
retirement contributions, a retirement allowance, or an interest in
the member's retirement allowance under the Defined Benefit Program.
(2) A separate account based on the member's Defined Benefit
Supplement account balance, a retirement benefit, or an interest in
the member's retirement benefit under the Defined Benefit Supplement
Program.
22652. (a) Upon the legal separation or dissolution of marriage of
a member, other than a retired member, the court shall include in the
judgment or a court order the date on which the parties separated.
(b) The court may order in the judgment or court order that the
member's accumulated retirement contributions and service credit
under the Defined Benefit Program, or the member's Defined Benefit
Supplement account balance, or both, under this part that are
attributable to periods of service during the marriage be divided
into two separate and distinct accounts in the name of the member and
the nonmember spouse, respectively. Any service credit and
accumulated retirement contributions under the Defined Benefit
Program and any accumulated Defined Benefit Supplement account
balance under this part that are not explicitly awarded by the
judgment or court order shall be deemed the exclusive property of the
member under the Defined Benefit Program or the Defined Benefit
Supplement Program, as applicable.
(c) The determination of the court of community property rights
pursuant to this section shall be consistent with this chapter and
shall address the rights of the nonmember spouse under this part,
including, but not limited to, the following:
(1) The right to a retirement allowance under the Defined Benefit
Program and, if applicable, a retirement benefit under the Defined
Benefit Supplement Program.
(2) The right to a refund of accumulated retirement contributions
under the Defined Benefit Program and the return of the accumulated
Defined Benefit Supplement account balance that were awarded to the
nonmember spouse.
(3) The right to redeposit all or a portion of accumulated
retirement contributions previously refunded to the member which the
member is eligible to redeposit pursuant to Sections 23200 to 23203,
inclusive, and shall specify the shares of the redeposit amount
awarded to the member and the nonmember spouse.
(4) The right to purchase additional service credit that the
member is eligible to purchase pursuant to Sections 22800 to 22810,
inclusive, and shall specify the shares of the additional service
credit awarded to the member and the nonmember spouse.
22653. (a) The nonmember spouse who is awarded a separate account
under this part pursuant to Section 22652 is not a member of the
Defined Benefit Program based on that award. The nonmember spouse is
entitled only to rights and benefits based on that award explicitly
established by this chapter.
(b) This section shall not be construed to limit any right arising
from the account of a nonmember spouse under this part that exists
because the nonmember spouse is or was employed to perform creditable
service subject to coverage by the Defined Benefit Program.
22655. (a) Upon the legal separation or dissolution of marriage of
a retired member, the court may include in the judgment or court
order a determination of the community property rights of the parties
in the retired member's retirement allowance and, if applicable,
retirement benefit under this part consistent with this section. Upon
election under subparagraph (B) of paragraph (3) of subdivision (a)
of Section 2610 of the Family Code, the court order awarding the
nonmember spouse a community property share in the retirement
allowance or retirement benefit, or both, of a retired member shall
be consistent with this section.
(b) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving a retirement allowance that has not been
modified pursuant to Section 24300 or 24300.1, a single life annuity
pursuant to Section 25011 or 25018, or a member only annuity
described in paragraph (1) of subdivision (a) of Sections 25011.1 and
25018.1, the court shall require only that the system pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance or retirement
benefit, or both, under this part.
(c) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving an allowance that has been actuarially
modified pursuant to Section 24300 or 24300.1, or a joint and
survivor annuity pursuant to Section 25011, 25011.1, 25018, or
25018.1, the court shall order only one of the following:
(1) The retired member shall maintain the retirement allowance or
joint and survivor annuity, or both, under this part without change.
(2) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect a new joint and survivor option or designate a new beneficiary
or both, and the system shall pay the nonmember spouse, by separate
warrant, his or her community property share of the retirement
allowance payable to the retired member, the option beneficiary, or
both.
(3) The retired member shall cancel the joint and survivor annuity
under which the retirement benefit is being paid pursuant to Section
24305.3, and elect a new joint and survivor annuity or designate a
new annuity beneficiary or both, based on the actuarial equivalent of
the member's canceled annuity, and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retirement benefit payable to the retired member, the
annuity beneficiary, or both.
(4) The retired member shall take the action specified in both
paragraphs (2) and (3).
(5) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect an unmodified retirement allowance and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance under this part.
(6) The retired member shall cancel, pursuant to Section 24305.3,
the joint and survivor annuity under which the retirement benefit is
being paid, and elect a single life annuity, and the system shall pay
the nonmember spouse, by separate warrant, his or her community
property share of the retirement benefit payable to the retired
member.
(7) The retired member shall take the action specified in both
paragraphs (5) and (6).
(d) If the option beneficiary or annuity beneficiary or both under
this part, other than the nonmember spouse, predeceases the retired
member, the court shall order the retired member to designate a new
option beneficiary pursuant to Section 24306, or a new annuity
beneficiary pursuant to Section 24305.3 and shall order the system to
pay the nonmember spouse, by separate warrant, his or her share of
the community property interest in the retirement allowance or
retirement benefit payable to the retired member or the new option
beneficiary or annuity beneficiary or each of them.
(e) The right of the nonmember spouse to receive his or her
community property share of the retired member's retirement allowance
or retirement benefit or both under this section shall terminate
upon the death of the nonmember spouse. However, the nonmember spouse
may designate a beneficiary under the Defined Benefit Program and a
payee under the Defined Benefit Supplement Program to receive his or
her community property share of the retired member's accumulated
retirement contributions and accumulated Defined Benefit Supplement
account balance under this part in the event that there are remaining
accumulated retirement contributions and a balance of credits in the
member's Defined Benefit Supplement account to be paid upon the
death of the nonmember spouse.
22656. No judgment or court order issued pursuant to this chapter
is binding on the system with respect to the Defined Benefit Program
or the Defined Benefit Supplement Program until the system has been
joined as a party to the action and has been served with a certified
copy of the judgment or court order.
22657. (a) The following provisions shall apply to a nonmember
spouse as if he or she were a member under this part: Sections 22107,
22306, 22906, and 23802, subdivisions (a) and (b) of Section 24600,
and Sections 24601, 24602, 24603, 24605, 24606, 24607, 24608, 24611,
24612, 24613, 24616, 24617, 25009, 25010, 25011, 25011.1, 25013,
25020, 25021, and 25022.
(b) Notwithstanding subdivision (a), this section shall not be
construed to establish any right for the nonmember spouse under this
part that is not explicitly established in Sections 22650 to 22655,
inclusive, and Sections 22658 to 22665, inclusive.
22658. (a) A separate account awarded to a nonmember spouse
pursuant to Section 22652 shall be administered independently of the
member's account.
(b) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to a separate account of a nonmember spouse
under this part shall not be combined in any way or for any purpose
with the accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation of any other separate account of the nonmember spouse.
(c) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to the separate account of a nonmember
spouse shall not be combined in any way or for any purpose with the
accumulated Defined Benefit Supplement account balance, accumulated
retirement contributions, service credit, and final compensation of
an account that exists under this part because the nonmember spouse
is employed or has been employed to perform creditable service
subject to coverage under the Defined Benefit Program or the Defined
Benefit Supplement Program.
22659. Upon being awarded a separate account or an interest in the
retirement allowance or retirement benefit of a retired member under
this part, a nonmember spouse shall provide the system with proof of
his or her date of birth, social security number, and any other
information requested by the system, in the form and manner requested
by the system.
22660. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to designate, pursuant to
Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to
receive the accumulated retirement contributions under the Defined
Benefit Program and to designate a payee to receive the accumulated
Defined Benefit Supplement account balance under the Defined Benefit
Supplement Program remaining in the separate account of the nonmember
spouse on his or her date of death, and any accrued allowance or
accrued benefit under the Defined Benefit Supplement Program that is
attributable to the separate account of the nonmember spouse and that
is unpaid on the date of the death of the nonmember spouse.
(b) This section shall not be construed to provide the nonmember
spouse with any right to elect to modify a retirement allowance under
Section 24300 or 24300.1, or to elect a joint and survivor annuity
under the Defined Benefit Supplement Program.
22661. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to a refund of the accumulated
retirement contributions in the account under the Defined Benefit
Program, and a return of the Defined Benefit Supplement account
balance, of the nonmember spouse under this part.
(b) The nonmember spouse shall file an application on a form
provided by the system to obtain a refund or lump-sum payment.
(c) The refund of accumulated retirement contributions in the
account under the Defined Benefit Program and the return of the
accumulated Defined Benefit Supplement account balance under this
part are effective when the system deposits in the United States mail
an initial warrant drawn in favor of the nonmember spouse and
addressed to the latest address for the nonmember spouse on file with
the system.
(d) If the nonmember spouse has elected on a form provided by the
system to transfer all or a specified portion of the accumulated
retirement contributions or accumulated Defined Benefit Supplement
account balance that are eligible for direct trustee-to-trustee
transfer to the trustee of a qualified plan under Section 402 of the
Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 402), deposit in the
United States mail of a notice that the requested transfer has been
made constitutes a refund of the nonmember spouse's accumulated
retirement contributions as defined in Section 22161.5 or the return
of the accumulated Defined Benefit Supplement account balance. This
subdivision shall not apply to a nonmember domestic partner,
consistent with Section 402 of the Internal Revenue Code.
(e) The nonmember spouse is deemed to have permanently waived all
rights and benefits pertaining to the service credit, accumulated
retirement contributions, and accumulated Defined Benefit Supplement
account balance under this part when the refund and lump-sum payment
become effective.
(f) The nonmember spouse may not cancel a refund or lump-sum
payment under this part after it is effective.
(g) The nonmember spouse shall not have a right to elect to
redeposit the refunded accumulated retirement contributions under
this part after the refund is effective, to redeposit under Section
22662 or purchase additional service credit under Section 22663 after
the refund becomes effective, or to redeposit the accumulated
Defined Benefit Supplement account balance after the lump-sum payment
becomes effective.
(h) If the total service credit in the separate account of the
nonmember spouse under the Defined Benefit Program, including service
credit purchased under Sections 22662 and 22663, is less than two
and one-half years, the board shall refund the accumulated retirement
contributions in the account.
22662. The nonmember spouse who is awarded a separate account under
the Defined Benefit Program may redeposit accumulated retirement
contributions previously refunded to the member in accordance with
the determination of the court pursuant to Section 22652.
(a) The nonmember spouse may redeposit under the Defined Benefit
Program only those accumulated retirement contributions that were
previously refunded to the member and in which the court has
determined the nonmember spouse has a community property interest.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to redeposit within 180 days after the judgment or
court order that specifies the redeposit rights of the nonmember
spouse is entered. The nonmember spouses' election to redeposit shall
be made on a form provided by the system within 30 days after the
system mails an election form and the billing.
(c) If the nonmember spouse elects to redeposit under the Defined
Benefit Program, he or she shall repay all or a portion of the member'
s refunded accumulated retirement contributions that were awarded to
the nonmember spouse and shall pay regular interest from the date of
the refund to the date payment of the redeposit is completed.
(d) All payments shall be received by the system before the
effective date of the nonmember spouse's retirement under this part.
If any payment due because of the election is not received at the
system's headquarters office, as established pursuant to Section
22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(e) The right of the nonmember spouse to redeposit shall be
subject to Section 23203.
(f) The member shall not have a right to redeposit the share of
the nonmember spouse in the previously refunded accumulated
retirement contributions under this part whether or not the nonmember
spouse elects to redeposit. However, any accumulated retirement
contributions previously refunded under this part and not explicitly
awarded to the nonmember spouse under this part by the judgment or
court order shall be deemed the exclusive property of the member.
22663. The nonmember spouse who is awarded a separate account under
this part has the right to purchase additional service credit in
accordance with the determination of the court pursuant to Section
22652.
(a) The nonmember spouse may purchase only the service credit that
the court, pursuant to Section 22652, has determined to be the
community property interest of the nonmember spouse.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to purchase additional service credit within 180 days
after the date the judgment or court order addressing the right of
the nonmember spouse to purchase additional service credit is
entered. The nonmember spouse shall elect to purchase additional
service credit on a form provided by the system within 30 days after
the system mails an election form and billing.
(c) If the nonmember spouse elects to purchase additional service
credit, he or she shall pay, prior to retirement under this part, all
contributions with respect to the additional service at the
contribution rate for additional service credit in effect at the time
of election and regular interest from July 1 of the year following
the year upon which contributions are based.
(1) (A) The nonmember spouse shall purchase additional service
credit by paying the required contributions and interest in one lump
sum, or in not more than 120 monthly installments, provided that no
installment, except the final installment, is less than twenty-five
dollars ($25). Regular interest shall be charged on the monthly,
unpaid balance if the nonmember spouse pays in installments.
(B) If any payment due, because of the election, is not received
at the system's headquarters office, as established pursuant to
Section 22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(2) The contributions shall be based on the member's compensation
earnable in the most recent school year during which the member was
employed, preceding the date of separation established by the court
pursuant to Section 22652.
(3) All payments of contributions and interest shall be received
by the system before the effective date of the retirement of the
nonmember spouse.
(d) The nonmember spouse does not have a right to purchase
additional service credit under this part after the effective date of
a refund of the accumulated retirement contributions in the separate
account of the nonmember spouse.
(e) The member does not have a right to purchase the community
property interest of the nonmember spouse of additional service
credit under this part whether or not the nonmember spouse elects to
purchase the additional service credit. However, any additional
service credit eligible for purchase that is not explicitly awarded
to the nonmember spouse by the judgment or court order shall be
deemed the exclusive property of the member.
22664. The nonmember spouse who is awarded a separate account shall
have the right to a service retirement allowance and, if applicable,
a retirement benefit under this part.
(a) The nonmember spouse shall be eligible to retire for service
under this part if the following conditions are satisfied:
(1) The member had at least five years of credited service during
the period of marriage, at least one year of which had been performed
subsequent to the most recent refund to the member of accumulated
retirement contributions. The credited service may include service
credited to the account of the member as of the date of the
dissolution or legal separation, previously refunded service,
out-of-state service, and permissive service credit that the member
is eligible to purchase at the time of the dissolution or legal
separation.
(2) The nonmember spouse has at least 2 1/2 years of credited
service in his or her separate account.
(3) The nonmember spouse has attained 55 years of age or more.
(b) A service retirement allowance of a nonmember spouse under
this part shall become effective upon a date designated by the
nonmember spouse, provided:
(1) The requirements of subdivision (a) are satisfied.
(2) The nonmember spouse has filed an application for service
retirement on a properly executed form provided by the system, that
is executed no earlier than six months before the effective date of
the retirement allowance.
(3) The effective date is no earlier than the first day of the
month that the application is received at the system's headquarters
office as described in Section 22375, and the effective date is after
the date the judgment or court order pursuant to Section 22652 was
entered.
(c) (1) Upon service retirement at normal retirement age under
this part, the nonmember spouse shall receive a retirement allowance
that shall consist of an annual allowance payable in monthly
installments equal to 2 percent of final compensation for each year
of credited service.
(2) If the nonmember spouse's retirement is effective at less than
normal retirement age and between early retirement age under this
part and normal retirement age, the retirement allowance shall be
reduced by one-half of 1 percent for each full month, or fraction of
a month, that will elapse until the nonmember spouse would have
reached normal retirement age.
(3) If the nonmember spouse's service retirement is effective at
an age greater than normal retirement age and is effective on or
after January 1, 1999, the percentage of final compensation for each
year of credited service shall be determined pursuant to the
following table:
Age at Retirement Percentage
60 1/4 ................. 2.033
60 1/2 ................. 2.067
60 3/4 ................. 2.10
61 ...................... 2.133
61 1/4 ................. 2.167
61 1/2 ................. 2.20
61 3/4 ................. 2.233
62 ...................... 2.267
62 1/4 ................. 2.30
62 1/2 ................. 2.333
62 3/4 ................. 2.367
63 and over ............. 2.40
(4) In computing the retirement allowance of the nonmember spouse,
the age of the nonmember spouse on the last day of the month that
the retirement allowance begins to accrue shall be used.
(5) Final compensation, for purposes of calculating the service
retirement allowance of the nonmember spouse under this subdivision,
shall be calculated according to the definition of final compensation
in Section 22134, 22134.5, 22135, or 22136, whichever is applicable,
and shall be based on the member's compensation earnable up to the
date the parties separated, as established in the judgment or court
order pursuant to Section 22652. The nonmember spouse shall not be
entitled to use any other calculation of final compensation.
(d) Upon service retirement under this part, the nonmember spouse
shall receive a retirement benefit based on an amount equal to the
balance of credits in the nonmember spouse's Defined Benefit
Supplement account on the date the retirement benefit becomes
payable.
(1) A retirement benefit shall be a lump-sum payment, or an
annuity payable in monthly installments, or a combination of both a
lump-sum payment and an annuity, as elected by the nonmember spouse
on the application for a retirement benefit. A retirement benefit
paid as an annuity under this chapter shall be subject to Sections
22660, 25011, and 25011.1.
(2) Upon distribution of the entire retirement benefit in a
lump-sum payment, no other benefit shall be payable to the nonmember
spouse or the nonmember spouse's beneficiary under the Defined
Benefit Supplement Program.
(e) If the member is or was receiving a disability allowance under
this part with an effective date before or on the date the parties
separated as established in the judgment or court order pursuant to
Section 22652, or at any time applies for and receives a disability
allowance with an effective date that is before or coincides with the
date the parties separated as established in the judgment or court
order pursuant to Section 22652, the nonmember spouse shall not be
eligible to retire until after the disability allowance of the member
terminates. If the member who is or was receiving a disability
allowance returns to employment to perform creditable service subject
to coverage under the Defined Benefit Program or has his or her
allowance terminated under Section 24015, the nonmember spouse may
not be paid a retirement allowance until at least six months after
termination of the disability allowance and the return of the member
to employment to perform creditable service subject to coverage under
the Defined Benefit Program, or the termination of the disability
allowance and the employment or self-employment of the member in any
capacity, notwithstanding Section 22132. If at the end of the
six-month period, the member has not had a recurrence of the original
disability or has not had his or her earnings fall below the amounts
described in Section 24015, the nonmember spouse may be paid a
retirement allowance if all other eligibility requirements are met.
(1) The retirement allowance of the nonmember spouse under this
subdivision shall be calculated as follows: the disability allowance
the member was receiving, exclusive of the portion for dependent
children, shall be divided between the share of the member and the
share of the nonmember spouse. The share of the nonmember spouse
shall be the amount obtained by multiplying the disability allowance,
exclusive of the portion for dependent children, by the years of
service credited to the separate account of the nonmember spouse,
including service projected to the date of separation, and dividing
by the projected service of the member. The nonmember spouse's
retirement allowance shall be the lesser of the share of the
nonmember spouse under this subdivision or the retirement allowance
under subdivision (c).
(2) The share of the member shall be the total disability
allowance reduced by the share of the nonmember spouse. The share of
the member shall be considered the disability allowance of the member
for purposes of Section 24213.
(f) The nonmember spouse who receives a retirement allowance is
not a retired member under this part. However, the allowance of the
nonmember spouse shall be increased by application of the improvement
factor and shall be eligible for the application of supplemental
increases and other benefit maintenance provisions under this part,
including, but not limited to, Sections 24412 and 24415 based on the
same criteria used for the application of these benefit maintenance
increases to the service retirement allowances of members.
22665. The system shall include the service credit awarded to a
nonmember spouse in the judgment or court order to determine the
eligibility of a member for a retirement or disability allowance
under this part. That portion of awarded service credit based on
previously refunded accumulated retirement contributions or on
permissive service credit may not be used by the member for
eligibility requirements until the member has redeposited or
purchased his or her portion of the service credit. The member's
service retirement allowance shall be calculated based on the service
credit in the member's account on the effective date of service
retirement.
22666. It is the intent of the Legislature to abolish any remaining
application of the terminable interest doctrine in California
relating to the division of public retirement benefits of a member in
the event of dissolution of marriage or death if the division is
made under this chapter.
22650. (a) This chapter establishes the power of a court in a
dissolution of marriage or legal separation action with respect to
community property rights in accounts with the plan under this part
and establishes and defines the rights of nonmember spouses and
nonmember registered domestic partners in the plan under this part.
(b) For purposes of this chapter, the termination, dissolution, or
nullity of a registered domestic partnership, or the legal
separation of partners in a registered domestic partnership, as
provided in Section 299 of the Family Code, shall be treated in the
same manner as a dissolution of marriage or legal separation of a
member and his or her spouse.
22651. (a) For purposes of this chapter and Section 23300,
"nonmember spouse" means a member's spouse or former spouse, and also
includes a member's registered domestic partner or former registered
domestic partner, who is being or has been awarded a community
property interest in the service credit, accumulated retirement
contributions, accumulated Defined Benefit Supplement account
balance, or benefits of the member under this part.
(b) For purposes of this chapter and Section 23300, a member's
registered domestic partner or former registered domestic partner who
is being or has been awarded a community property interest in the
service credit, accumulated retirement contributions, accumulated
Defined Benefit Supplement account balance, or benefits of the member
under this part shall be treated in the same manner as a nonmember
spouse.
(c) A nonmember spouse shall not be considered a member based upon
his or her receipt of any of the following being awarded to the
nonmember spouse as a result of legal separation or dissolution of
marriage:
(1) A separate account of service credit and accumulated
retirement contributions, a retirement allowance, or an interest in
the member's retirement allowance under the Defined Benefit Program.
(2) A separate account based on the member's Defined Benefit
Supplement account balance, a retirement benefit, or an interest in
the member's retirement benefit under the Defined Benefit Supplement
Program.
22652. (a) Upon the legal separation or dissolution of marriage of
a member, other than a retired member, the court shall include in the
judgment or a court order the date on which the parties separated.
(b) The court may order in the judgment or court order that the
member's accumulated retirement contributions and service credit
under the Defined Benefit Program, or the member's Defined Benefit
Supplement account balance, or both, under this part that are
attributable to periods of service during the marriage be divided
into two separate and distinct accounts in the name of the member and
the nonmember spouse, respectively. Any service credit and
accumulated retirement contributions under the Defined Benefit
Program and any accumulated Defined Benefit Supplement account
balance under this part that are not explicitly awarded by the
judgment or court order shall be deemed the exclusive property of the
member under the Defined Benefit Program or the Defined Benefit
Supplement Program, as applicable.
(c) The determination of the court of community property rights
pursuant to this section shall be consistent with this chapter and
shall address the rights of the nonmember spouse under this part,
including, but not limited to, the following:
(1) The right to a retirement allowance under the Defined Benefit
Program and, if applicable, a retirement benefit under the Defined
Benefit Supplement Program.
(2) The right to a refund of accumulated retirement contributions
under the Defined Benefit Program and the return of the accumulated
Defined Benefit Supplement account balance that were awarded to the
nonmember spouse.
(3) The right to redeposit all or a portion of accumulated
retirement contributions previously refunded to the member which the
member is eligible to redeposit pursuant to Sections 23200 to 23203,
inclusive, and shall specify the shares of the redeposit amount
awarded to the member and the nonmember spouse.
(4) The right to purchase additional service credit that the
member is eligible to purchase pursuant to Sections 22800 to 22810,
inclusive, and shall specify the shares of the additional service
credit awarded to the member and the nonmember spouse.
22653. (a) The nonmember spouse who is awarded a separate account
under this part pursuant to Section 22652 is not a member of the
Defined Benefit Program based on that award. The nonmember spouse is
entitled only to rights and benefits based on that award explicitly
established by this chapter.
(b) This section shall not be construed to limit any right arising
from the account of a nonmember spouse under this part that exists
because the nonmember spouse is or was employed to perform creditable
service subject to coverage by the Defined Benefit Program.
22655. (a) Upon the legal separation or dissolution of marriage of
a retired member, the court may include in the judgment or court
order a determination of the community property rights of the parties
in the retired member's retirement allowance and, if applicable,
retirement benefit under this part consistent with this section. Upon
election under subparagraph (B) of paragraph (3) of subdivision (a)
of Section 2610 of the Family Code, the court order awarding the
nonmember spouse a community property share in the retirement
allowance or retirement benefit, or both, of a retired member shall
be consistent with this section.
(b) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving a retirement allowance that has not been
modified pursuant to Section 24300 or 24300.1, a single life annuity
pursuant to Section 25011 or 25018, or a member only annuity
described in paragraph (1) of subdivision (a) of Sections 25011.1 and
25018.1, the court shall require only that the system pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance or retirement
benefit, or both, under this part.
(c) If the court does not award the entire retirement allowance or
retirement benefit under this part to the retired member and the
retired member is receiving an allowance that has been actuarially
modified pursuant to Section 24300 or 24300.1, or a joint and
survivor annuity pursuant to Section 25011, 25011.1, 25018, or
25018.1, the court shall order only one of the following:
(1) The retired member shall maintain the retirement allowance or
joint and survivor annuity, or both, under this part without change.
(2) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect a new joint and survivor option or designate a new beneficiary
or both, and the system shall pay the nonmember spouse, by separate
warrant, his or her community property share of the retirement
allowance payable to the retired member, the option beneficiary, or
both.
(3) The retired member shall cancel the joint and survivor annuity
under which the retirement benefit is being paid pursuant to Section
24305.3, and elect a new joint and survivor annuity or designate a
new annuity beneficiary or both, based on the actuarial equivalent of
the member's canceled annuity, and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retirement benefit payable to the retired member, the
annuity beneficiary, or both.
(4) The retired member shall take the action specified in both
paragraphs (2) and (3).
(5) The retired member shall cancel the option that modified the
retirement allowance under this part pursuant to Section 24305 and
elect an unmodified retirement allowance and the system shall pay the
nonmember spouse, by separate warrant, his or her community property
share of the retired member's retirement allowance under this part.
(6) The retired member shall cancel, pursuant to Section 24305.3,
the joint and survivor annuity under which the retirement benefit is
being paid, and elect a single life annuity, and the system shall pay
the nonmember spouse, by separate warrant, his or her community
property share of the retirement benefit payable to the retired
member.
(7) The retired member shall take the action specified in both
paragraphs (5) and (6).
(d) If the option beneficiary or annuity beneficiary or both under
this part, other than the nonmember spouse, predeceases the retired
member, the court shall order the retired member to designate a new
option beneficiary pursuant to Section 24306, or a new annuity
beneficiary pursuant to Section 24305.3 and shall order the system to
pay the nonmember spouse, by separate warrant, his or her share of
the community property interest in the retirement allowance or
retirement benefit payable to the retired member or the new option
beneficiary or annuity beneficiary or each of them.
(e) The right of the nonmember spouse to receive his or her
community property share of the retired member's retirement allowance
or retirement benefit or both under this section shall terminate
upon the death of the nonmember spouse. However, the nonmember spouse
may designate a beneficiary under the Defined Benefit Program and a
payee under the Defined Benefit Supplement Program to receive his or
her community property share of the retired member's accumulated
retirement contributions and accumulated Defined Benefit Supplement
account balance under this part in the event that there are remaining
accumulated retirement contributions and a balance of credits in the
member's Defined Benefit Supplement account to be paid upon the
death of the nonmember spouse.
22656. No judgment or court order issued pursuant to this chapter
is binding on the system with respect to the Defined Benefit Program
or the Defined Benefit Supplement Program until the system has been
joined as a party to the action and has been served with a certified
copy of the judgment or court order.
22657. (a) The following provisions shall apply to a nonmember
spouse as if he or she were a member under this part: Sections 22107,
22306, 22906, and 23802, subdivisions (a) and (b) of Section 24600,
and Sections 24601, 24602, 24603, 24605, 24606, 24607, 24608, 24611,
24612, 24613, 24616, 24617, 25009, 25010, 25011, 25011.1, 25013,
25020, 25021, and 25022.
(b) Notwithstanding subdivision (a), this section shall not be
construed to establish any right for the nonmember spouse under this
part that is not explicitly established in Sections 22650 to 22655,
inclusive, and Sections 22658 to 22665, inclusive.
22658. (a) A separate account awarded to a nonmember spouse
pursuant to Section 22652 shall be administered independently of the
member's account.
(b) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to a separate account of a nonmember spouse
under this part shall not be combined in any way or for any purpose
with the accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation of any other separate account of the nonmember spouse.
(c) An accumulated Defined Benefit Supplement account balance,
accumulated retirement contributions, service credit, and final
compensation attributable to the separate account of a nonmember
spouse shall not be combined in any way or for any purpose with the
accumulated Defined Benefit Supplement account balance, accumulated
retirement contributions, service credit, and final compensation of
an account that exists under this part because the nonmember spouse
is employed or has been employed to perform creditable service
subject to coverage under the Defined Benefit Program or the Defined
Benefit Supplement Program.
22659. Upon being awarded a separate account or an interest in the
retirement allowance or retirement benefit of a retired member under
this part, a nonmember spouse shall provide the system with proof of
his or her date of birth, social security number, and any other
information requested by the system, in the form and manner requested
by the system.
22660. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to designate, pursuant to
Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to
receive the accumulated retirement contributions under the Defined
Benefit Program and to designate a payee to receive the accumulated
Defined Benefit Supplement account balance under the Defined Benefit
Supplement Program remaining in the separate account of the nonmember
spouse on his or her date of death, and any accrued allowance or
accrued benefit under the Defined Benefit Supplement Program that is
attributable to the separate account of the nonmember spouse and that
is unpaid on the date of the death of the nonmember spouse.
(b) This section shall not be construed to provide the nonmember
spouse with any right to elect to modify a retirement allowance under
Section 24300 or 24300.1, or to elect a joint and survivor annuity
under the Defined Benefit Supplement Program.
22661. (a) The nonmember spouse who is awarded a separate account
under this part shall have the right to a refund of the accumulated
retirement contributions in the account under the Defined Benefit
Program, and a return of the Defined Benefit Supplement account
balance, of the nonmember spouse under this part.
(b) The nonmember spouse shall file an application on a form
provided by the system to obtain a refund or lump-sum payment.
(c) The refund of accumulated retirement contributions in the
account under the Defined Benefit Program and the return of the
accumulated Defined Benefit Supplement account balance under this
part are effective when the system deposits in the United States mail
an initial warrant drawn in favor of the nonmember spouse and
addressed to the latest address for the nonmember spouse on file with
the system.
(d) If the nonmember spouse has elected on a form provided by the
system to transfer all or a specified portion of the accumulated
retirement contributions or accumulated Defined Benefit Supplement
account balance that are eligible for direct trustee-to-trustee
transfer to the trustee of a qualified plan under Section 402 of the
Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 402), deposit in the
United States mail of a notice that the requested transfer has been
made constitutes a refund of the nonmember spouse's accumulated
retirement contributions as defined in Section 22161.5 or the return
of the accumulated Defined Benefit Supplement account balance. This
subdivision shall not apply to a nonmember domestic partner,
consistent with Section 402 of the Internal Revenue Code.
(e) The nonmember spouse is deemed to have permanently waived all
rights and benefits pertaining to the service credit, accumulated
retirement contributions, and accumulated Defined Benefit Supplement
account balance under this part when the refund and lump-sum payment
become effective.
(f) The nonmember spouse may not cancel a refund or lump-sum
payment under this part after it is effective.
(g) The nonmember spouse shall not have a right to elect to
redeposit the refunded accumulated retirement contributions under
this part after the refund is effective, to redeposit under Section
22662 or purchase additional service credit under Section 22663 after
the refund becomes effective, or to redeposit the accumulated
Defined Benefit Supplement account balance after the lump-sum payment
becomes effective.
(h) If the total service credit in the separate account of the
nonmember spouse under the Defined Benefit Program, including service
credit purchased under Sections 22662 and 22663, is less than two
and one-half years, the board shall refund the accumulated retirement
contributions in the account.
22662. The nonmember spouse who is awarded a separate account under
the Defined Benefit Program may redeposit accumulated retirement
contributions previously refunded to the member in accordance with
the determination of the court pursuant to Section 22652.
(a) The nonmember spouse may redeposit under the Defined Benefit
Program only those accumulated retirement contributions that were
previously refunded to the member and in which the court has
determined the nonmember spouse has a community property interest.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to redeposit within 180 days after the judgment or
court order that specifies the redeposit rights of the nonmember
spouse is entered. The nonmember spouses' election to redeposit shall
be made on a form provided by the system within 30 days after the
system mails an election form and the billing.
(c) If the nonmember spouse elects to redeposit under the Defined
Benefit Program, he or she shall repay all or a portion of the member'
s refunded accumulated retirement contributions that were awarded to
the nonmember spouse and shall pay regular interest from the date of
the refund to the date payment of the redeposit is completed.
(d) All payments shall be received by the system before the
effective date of the nonmember spouse's retirement under this part.
If any payment due because of the election is not received at the
system's headquarters office, as established pursuant to Section
22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(e) The right of the nonmember spouse to redeposit shall be
subject to Section 23203.
(f) The member shall not have a right to redeposit the share of
the nonmember spouse in the previously refunded accumulated
retirement contributions under this part whether or not the nonmember
spouse elects to redeposit. However, any accumulated retirement
contributions previously refunded under this part and not explicitly
awarded to the nonmember spouse under this part by the judgment or
court order shall be deemed the exclusive property of the member.
22663. The nonmember spouse who is awarded a separate account under
this part has the right to purchase additional service credit in
accordance with the determination of the court pursuant to Section
22652.
(a) The nonmember spouse may purchase only the service credit that
the court, pursuant to Section 22652, has determined to be the
community property interest of the nonmember spouse.
(b) The nonmember spouse shall inform the system in writing of his
or her intent to purchase additional service credit within 180 days
after the date the judgment or court order addressing the right of
the nonmember spouse to purchase additional service credit is
entered. The nonmember spouse shall elect to purchase additional
service credit on a form provided by the system within 30 days after
the system mails an election form and billing.
(c) If the nonmember spouse elects to purchase additional service
credit, he or she shall pay, prior to retirement under this part, all
contributions with respect to the additional service at the
contribution rate for additional service credit in effect at the time
of election and regular interest from July 1 of the year following
the year upon which contributions are based.
(1) (A) The nonmember spouse shall purchase additional service
credit by paying the required contributions and interest in one lump
sum, or in not more than 120 monthly installments, provided that no
installment, except the final installment, is less than twenty-five
dollars ($25). Regular interest shall be charged on the monthly,
unpaid balance if the nonmember spouse pays in installments.
(B) If any payment due, because of the election, is not received
at the system's headquarters office, as established pursuant to
Section 22375, within 120 days of its due date, the election shall be
canceled and any payments made under the election shall be returned
to the nonmember spouse.
(2) The contributions shall be based on the member's compensation
earnable in the most recent school year during which the member was
employed, preceding the date of separation established by the court
pursuant to Section 22652.
(3) All payments of contributions and interest shall be received
by the system before the effective date of the retirement of the
nonmember spouse.
(d) The nonmember spouse does not have a right to purchase
additional service credit under this part after the effective date of
a refund of the accumulated retirement contributions in the separate
account of the nonmember spouse.
(e) The member does not have a right to purchase the community
property interest of the nonmember spouse of additional service
credit under this part whether or not the nonmember spouse elects to
purchase the additional service credit. However, any additional
service credit eligible for purchase that is not explicitly awarded
to the nonmember spouse by the judgment or court order shall be
deemed the exclusive property of the member.
22664. The nonmember spouse who is awarded a separate account shall
have the right to a service retirement allowance and, if applicable,
a retirement benefit under this part.
(a) The nonmember spouse shall be eligible to retire for service
under this part if the following conditions are satisfied:
(1) The member had at least five years of credited service during
the period of marriage, at least one year of which had been performed
subsequent to the most recent refund to the member of accumulated
retirement contributions. The credited service may include service
credited to the account of the member as of the date of the
dissolution or legal separation, previously refunded service,
out-of-state service, and permissive service credit that the member
is eligible to purchase at the time of the dissolution or legal
separation.
(2) The nonmember spouse has at least 2 1/2 years of credited
service in his or her separate account.
(3) The nonmember spouse has attained 55 years of age or more.
(b) A service retirement allowance of a nonmember spouse under
this part shall become effective upon a date designated by the
nonmember spouse, provided:
(1) The requirements of subdivision (a) are satisfied.
(2) The nonmember spouse has filed an application for service
retirement on a properly executed form provided by the system, that
is executed no earlier than six months before the effective date of
the retirement allowance.
(3) The effective date is no earlier than the first day of the
month that the application is received at the system's headquarters
office as described in Section 22375, and the effective date is after
the date the judgment or court order pursuant to Section 22652 was
entered.
(c) (1) Upon service retirement at normal retirement age under
this part, the nonmember spouse shall receive a retirement allowance
that shall consist of an annual allowance payable in monthly
installments equal to 2 percent of final compensation for each year
of credited service.
(2) If the nonmember spouse's retirement is effective at less than
normal retirement age and between early retirement age under this
part and normal retirement age, the retirement allowance shall be
reduced by one-half of 1 percent for each full month, or fraction of
a month, that will elapse until the nonmember spouse would have
reached normal retirement age.
(3) If the nonmember spouse's service retirement is effective at
an age greater than normal retirement age and is effective on or
after January 1, 1999, the percentage of final compensation for each
year of credited service shall be determined pursuant to the
following table:
Age at Retirement Percentage
60 1/4 ................. 2.033
60 1/2 ................. 2.067
60 3/4 ................. 2.10
61 ...................... 2.133
61 1/4 ................. 2.167
61 1/2 ................. 2.20
61 3/4 ................. 2.233
62 ...................... 2.267
62 1/4 ................. 2.30
62 1/2 ................. 2.333
62 3/4 ................. 2.367
63 and over ............. 2.40
(4) In computing the retirement allowance of the nonmember spouse,
the age of the nonmember spouse on the last day of the month that
the retirement allowance begins to accrue shall be used.
(5) Final compensation, for purposes of calculating the service
retirement allowance of the nonmember spouse under this subdivision,
shall be calculated according to the definition of final compensation
in Section 22134, 22134.5, 22135, or 22136, whichever is applicable,
and shall be based on the member's compensation earnable up to the
date the parties separated, as established in the judgment or court
order pursuant to Section 22652. The nonmember spouse shall not be
entitled to use any other calculation of final compensation.
(d) Upon service retirement under this part, the nonmember spouse
shall receive a retirement benefit based on an amount equal to the
balance of credits in the nonmember spouse's Defined Benefit
Supplement account on the date the retirement benefit becomes
payable.
(1) A retirement benefit shall be a lump-sum payment, or an
annuity payable in monthly installments, or a combination of both a
lump-sum payment and an annuity, as elected by the nonmember spouse
on the application for a retirement benefit. A retirement benefit
paid as an annuity under this chapter shall be subject to Sections
22660, 25011, and 25011.1.
(2) Upon distribution of the entire retirement benefit in a
lump-sum payment, no other benefit shall be payable to the nonmember
spouse or the nonmember spouse's beneficiary under the Defined
Benefit Supplement Program.
(e) If the member is or was receiving a disability allowance under
this part with an effective date before or on the date the parties
separated as established in the judgment or court order pursuant to
Section 22652, or at any time applies for and receives a disability
allowance with an effective date that is before or coincides with the
date the parties separated as established in the judgment or court
order pursuant to Section 22652, the nonmember spouse shall not be
eligible to retire until after the disability allowance of the member
terminates. If the member who is or was receiving a disability
allowance returns to employment to perform creditable service subject
to coverage under the Defined Benefit Program or has his or her
allowance terminated under Section 24015, the nonmember spouse may
not be paid a retirement allowance until at least six months after
termination of the disability allowance and the return of the member
to employment to perform creditable service subject to coverage under
the Defined Benefit Program, or the termination of the disability
allowance and the employment or self-employment of the member in any
capacity, notwithstanding Section 22132. If at the end of the
six-month period, the member has not had a recurrence of the original
disability or has not had his or her earnings fall below the amounts
described in Section 24015, the nonmember spouse may be paid a
retirement allowance if all other eligibility requirements are met.
(1) The retirement allowance of the nonmember spouse under this
subdivision shall be calculated as follows: the disability allowance
the member was receiving, exclusive of the portion for dependent
children, shall be divided between the share of the member and the
share of the nonmember spouse. The share of the nonmember spouse
shall be the amount obtained by multiplying the disability allowance,
exclusive of the portion for dependent children, by the years of
service credited to the separate account of the nonmember spouse,
including service projected to the date of separation, and dividing
by the projected service of the member. The nonmember spouse's
retirement allowance shall be the lesser of the share of the
nonmember spouse under this subdivision or the retirement allowance
under subdivision (c).
(2) The share of the member shall be the total disability
allowance reduced by the share of the nonmember spouse. The share of
the member shall be considered the disability allowance of the member
for purposes of Section 24213.
(f) The nonmember spouse who receives a retirement allowance is
not a retired member under this part. However, the allowance of the
nonmember spouse shall be increased by application of the improvement
factor and shall be eligible for the application of supplemental
increases and other benefit maintenance provisions under this part,
including, but not limited to, Sections 24412 and 24415 based on the
same criteria used for the application of these benefit maintenance
increases to the service retirement allowances of members.
22665. The system shall include the service credit awarded to a
nonmember spouse in the judgment or court order to determine the
eligibility of a member for a retirement or disability allowance
under this part. That portion of awarded service credit based on
previously refunded accumulated retirement contributions or on
permissive service credit may not be used by the member for
eligibility requirements until the member has redeposited or
purchased his or her portion of the service credit. The member's
service retirement allowance shall be calculated based on the service
credit in the member's account on the effective date of service
retirement.
22666. It is the intent of the Legislature to abolish any remaining
application of the terminable interest doctrine in California
relating to the division of public retirement benefits of a member in
the event of dissolution of marriage or death if the division is
made under this chapter.
