State Codes and Statutes

Statutes > California > Gov > 22960.75-22960.79

GOVERNMENT CODE
SECTION 22960.75-22960.79



22960.75.  (a) Upon the legal separation or dissolution of marriage
of a participant, the court shall include in the judgment or a court
order the date on which the parties separated.
   (b) If the community property is divided in accordance with
subdivision (c) of Section 2610 of the Family Code, the court shall
order that the contributions and earnings attributable to periods of
service during the marriage be divided into two separate and distinct
accounts in the name of the participant and the name of the
nonparticipant spouse, respectively. Any contributions or earnings
that are not explicitly awarded by the judgment or court order shall
be deemed the exclusive property of the participant.
   (c) The court shall address the rights of the nonparticipant
spouse to the following:
   (1) The right to a retirement benefit, and the consequent right to
elect an annuity.
   (2) The right to lump-sum distribution of the balance of the
nonparticipant spouse's account.
   (3) The right to designate a beneficiary to receive a distribution
of the balance remaining in the nonparticipant spouse's account upon
the death of the nonparticipant spouse.
   (d) In the capacity of nonparticipant spouse, he or she is
entitled only to the rights and benefits explicitly established by
this chapter. The nonparticipant spouse shall not be entitled to a
disability benefit.
   (e) Nothing in this chapter shall be construed to authorize any
amount to be distributed under the plan at a time or in a form that
is not permitted under this part or Title 26 of the United States
Code.


22960.76.  For purposes of this chapter, "nonparticipant spouse"
means the spouse or the former spouse of the participant, who as a
result of petitioning the court for the division of community
property, has been awarded a distinct and separate account. A
nonparticipant spouse who is awarded a separate account is not a
participant in the plan.



22960.77.  (a) The nonparticipant spouse shall have the right to a
lump-sum distribution of the amounts credited to his or her account.
   (b) The nonparticipant spouse shall file an application for the
distribution on a form prescribed by the board.
   (c) No partial distribution shall be made from the nonparticipant
spouse's account.
   (d) The nonparticipant spouse may not cancel the distribution once
it has become effective.
   (e) The nonparticipant spouse is deemed to have permanently waived
all rights to a retirement benefit when the distribution becomes
effective.



22960.78.  (a) A nonparticipant spouse may apply for a retirement
benefit, provided the participant or the nonparticipant spouse has
attained the normal retirement age. The retirement benefit is a
distribution of the balance of the nonparticipant spouse's account.
   (b) Application for a retirement benefit shall be made on an
application form prescribed by the board.
   (c) The retirement date shall be the date designated in the
nonparticipant spouse's application, or the day following the date of
the court order dividing the community property of the participant
and nonparticipant spouse, if later.



22960.79.  A nonparticipant spouse who is entitled to a distribution
for retirement that equals or exceeds five thousand dollars
($5,000), may elect to receive the distribution in one of the
following forms:
   (a) A single lump-sum payment.
   (b) Substantially level installment payments for a period of years
that extends no longer than the life expectancy of the participant.
   (c) A single life annuity.


State Codes and Statutes

Statutes > California > Gov > 22960.75-22960.79

GOVERNMENT CODE
SECTION 22960.75-22960.79



22960.75.  (a) Upon the legal separation or dissolution of marriage
of a participant, the court shall include in the judgment or a court
order the date on which the parties separated.
   (b) If the community property is divided in accordance with
subdivision (c) of Section 2610 of the Family Code, the court shall
order that the contributions and earnings attributable to periods of
service during the marriage be divided into two separate and distinct
accounts in the name of the participant and the name of the
nonparticipant spouse, respectively. Any contributions or earnings
that are not explicitly awarded by the judgment or court order shall
be deemed the exclusive property of the participant.
   (c) The court shall address the rights of the nonparticipant
spouse to the following:
   (1) The right to a retirement benefit, and the consequent right to
elect an annuity.
   (2) The right to lump-sum distribution of the balance of the
nonparticipant spouse's account.
   (3) The right to designate a beneficiary to receive a distribution
of the balance remaining in the nonparticipant spouse's account upon
the death of the nonparticipant spouse.
   (d) In the capacity of nonparticipant spouse, he or she is
entitled only to the rights and benefits explicitly established by
this chapter. The nonparticipant spouse shall not be entitled to a
disability benefit.
   (e) Nothing in this chapter shall be construed to authorize any
amount to be distributed under the plan at a time or in a form that
is not permitted under this part or Title 26 of the United States
Code.


22960.76.  For purposes of this chapter, "nonparticipant spouse"
means the spouse or the former spouse of the participant, who as a
result of petitioning the court for the division of community
property, has been awarded a distinct and separate account. A
nonparticipant spouse who is awarded a separate account is not a
participant in the plan.



22960.77.  (a) The nonparticipant spouse shall have the right to a
lump-sum distribution of the amounts credited to his or her account.
   (b) The nonparticipant spouse shall file an application for the
distribution on a form prescribed by the board.
   (c) No partial distribution shall be made from the nonparticipant
spouse's account.
   (d) The nonparticipant spouse may not cancel the distribution once
it has become effective.
   (e) The nonparticipant spouse is deemed to have permanently waived
all rights to a retirement benefit when the distribution becomes
effective.



22960.78.  (a) A nonparticipant spouse may apply for a retirement
benefit, provided the participant or the nonparticipant spouse has
attained the normal retirement age. The retirement benefit is a
distribution of the balance of the nonparticipant spouse's account.
   (b) Application for a retirement benefit shall be made on an
application form prescribed by the board.
   (c) The retirement date shall be the date designated in the
nonparticipant spouse's application, or the day following the date of
the court order dividing the community property of the participant
and nonparticipant spouse, if later.



22960.79.  A nonparticipant spouse who is entitled to a distribution
for retirement that equals or exceeds five thousand dollars
($5,000), may elect to receive the distribution in one of the
following forms:
   (a) A single lump-sum payment.
   (b) Substantially level installment payments for a period of years
that extends no longer than the life expectancy of the participant.
   (c) A single life annuity.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 22960.75-22960.79

GOVERNMENT CODE
SECTION 22960.75-22960.79



22960.75.  (a) Upon the legal separation or dissolution of marriage
of a participant, the court shall include in the judgment or a court
order the date on which the parties separated.
   (b) If the community property is divided in accordance with
subdivision (c) of Section 2610 of the Family Code, the court shall
order that the contributions and earnings attributable to periods of
service during the marriage be divided into two separate and distinct
accounts in the name of the participant and the name of the
nonparticipant spouse, respectively. Any contributions or earnings
that are not explicitly awarded by the judgment or court order shall
be deemed the exclusive property of the participant.
   (c) The court shall address the rights of the nonparticipant
spouse to the following:
   (1) The right to a retirement benefit, and the consequent right to
elect an annuity.
   (2) The right to lump-sum distribution of the balance of the
nonparticipant spouse's account.
   (3) The right to designate a beneficiary to receive a distribution
of the balance remaining in the nonparticipant spouse's account upon
the death of the nonparticipant spouse.
   (d) In the capacity of nonparticipant spouse, he or she is
entitled only to the rights and benefits explicitly established by
this chapter. The nonparticipant spouse shall not be entitled to a
disability benefit.
   (e) Nothing in this chapter shall be construed to authorize any
amount to be distributed under the plan at a time or in a form that
is not permitted under this part or Title 26 of the United States
Code.


22960.76.  For purposes of this chapter, "nonparticipant spouse"
means the spouse or the former spouse of the participant, who as a
result of petitioning the court for the division of community
property, has been awarded a distinct and separate account. A
nonparticipant spouse who is awarded a separate account is not a
participant in the plan.



22960.77.  (a) The nonparticipant spouse shall have the right to a
lump-sum distribution of the amounts credited to his or her account.
   (b) The nonparticipant spouse shall file an application for the
distribution on a form prescribed by the board.
   (c) No partial distribution shall be made from the nonparticipant
spouse's account.
   (d) The nonparticipant spouse may not cancel the distribution once
it has become effective.
   (e) The nonparticipant spouse is deemed to have permanently waived
all rights to a retirement benefit when the distribution becomes
effective.



22960.78.  (a) A nonparticipant spouse may apply for a retirement
benefit, provided the participant or the nonparticipant spouse has
attained the normal retirement age. The retirement benefit is a
distribution of the balance of the nonparticipant spouse's account.
   (b) Application for a retirement benefit shall be made on an
application form prescribed by the board.
   (c) The retirement date shall be the date designated in the
nonparticipant spouse's application, or the day following the date of
the court order dividing the community property of the participant
and nonparticipant spouse, if later.



22960.79.  A nonparticipant spouse who is entitled to a distribution
for retirement that equals or exceeds five thousand dollars
($5,000), may elect to receive the distribution in one of the
following forms:
   (a) A single lump-sum payment.
   (b) Substantially level installment payments for a period of years
that extends no longer than the life expectancy of the participant.
   (c) A single life annuity.