31685. (a) Upon the legal separation or dissolution of marriage of
a member, after joining the retirement system as a party to the
proceeding pursuant to Chapter 6 (commencing with Section 2060) of
Part 1 of Division 6 of the Family Code, the court shall include in
the judgment or a court order the date on which the parties
separated.
(b) If the court orders the division of the community property
interest in the system pursuant to Section 2610 of the Family Code,
the accumulated contributions and service credit attributable to
periods of service during the marriage shall be divided into two
separate and distinct accounts in the name of the member and
nonmember, respectively. Any service credit or accumulated
contributions that are not explicitly awarded by the judgment or
court order shall be deemed the exclusive property of the member.
(c) Upon receipt of the court order separating the account of the
member and the nonmember pursuant to this section, the board shall
determine the rights of the nonmember, taking into consideration the
court order and the account of the member. These rights may include
the following:
(1) The right to a retirement allowance.
(2) The right to a refund of accumulated retirement contributions.
(3) The right to redeposit accumulated contributions that are
eligible for redeposit by the member.
(4) The right to purchase service credit that is eligible for
purchase by the member.
(5) The right to designate a beneficiary to receive his or her
accumulated contributions payable where death occurs prior to
retirement.
(6) The right to designate a beneficiary for any unpaid allowance
payable at the time of the nonmember's death.
(d) In the capacity of nonmember, the nonmember shall not be
entitled to any disability retirement allowance.
31685.1. "Nonmember," as used in this article, means the spouse or
former spouse, or child or other dependent as ordered by the court,
of a member, who as a result of petitioning the court for the
division of community property, has been awarded a distinct and
separate account reflecting specific credited service and accumulated
contributions.
31685.2. (a) The nonmember who is awarded a separate account shall
have the right to a refund of the accumulated contributions and
interest credited in the separate account of the nonmember.
(b) The nonmember shall file an application on a form provided by
the system to obtain the refund.
(c) The refund shall be effective when the system deposits in the
United States mail an initial warrant drawn in favor of the nonmember
and addressed to the latest address for the nonmember on file with
the system.
(d) The nonmember is deemed to have permanently waived all rights
in the system and all rights to any future retirement benefits
pertaining to the service credit accumulated contributions, or both,
when the refund becomes effective.
(e) The nonmember may not cancel a refund once it has become
effective.
(f) The nonmember shall have no right to elect to redeposit the
refunded accumulated contributions from the nonmember's account after
the refund is effective, and shall have no right to redeposit or to
purchase service credit after the refund becomes effective.
(g) If at the time of the marriage dissolution or legal
separation, the member does not have the necessary minimum credited
service to elect deferred retirement, the nonmember shall receive a
refund of the accumulated contributions and credited interest placed
in the nonmember's account.
(h) If the nonmember receives a refund under this section, the
member may elect to redeposit accumulated contributions and interest
refunded to the nonmember and to receive credit for the service time
that had been forfeited by the nonmember. The election shall be made
within five years of receipt of notice from the board of eligibility
to redeposit the contributions. The board shall establish the manner
of payment and the time period within which the redeposit of
contributions may be made. The interest rate established by the board
shall be the same as that charged to members on all other
redeposits.
31685.3. (a) The nonmember who is awarded a separate account may
redeposit accumulated contributions and interest previously refunded
to the member in accordance with the determination of the court
required by Section 31685.
(b) The nonmember may redeposit only those accumulated
contributions and interest that were previously refunded to the
member and that the court has determined to be the community property
interest of the nonmember in the accumulated contributions.
(c) If the nonmember elects to redeposit, he or she shall repay
the accumulated contributions and interest.
(d) An election to redeposit shall be considered an election to
repay all accumulated contributions and interest previously refunded
that the nonmember is entitled to redeposit.
(e) The right of the nonmember to redeposit is subject to the
regulations of the board.
(f) The member has no right to the court-determined nonmember
share of any previously refunded accumulated contributions and
interest whether or not the nonmember elects to redeposit until the
effective date of any refund requested by the nonmember pursuant to
Section 31685.2, or the nonmember dies before redeposit is completed.
However, any right to redeposit previously refunded accumulated
contributions and interest not explicitly awarded to the nonmember by
the judgment or court order shall be deemed the exclusive property
of the member.
(g) Any redeposit by the nonmember shall be made by lump sum
before retirement.
31685.4. (a) The nonmember shall have the right to purchase service
credit pursuant to the determination of the court required by
Section 31685.
(b) The nonmember may purchase only that service credit that the
court has determined to be the community property share of the
nonmember spouse.
(c) If the nonmember elects to purchase service credit, he or she
shall pay, prior to retirement, the contributions and interest
pursuant to the regulations of the board.
(d) The nonmember shall have no right to purchase the service
credit after the effective date of a refund of the accumulated
contributions in the separate account of the nonmember.
(e) The member has no right to the court-determined nonmember
share of the service credit whether or not the nonmember elects to
purchase the service credit until the effective date of any refund
requested by the nonmember pursuant to Section 31685.2, or the
nonmember dies before the service credit is purchased. However, any
service credit eligible for purchase that is not explicitly awarded
to the nonmember by the judgment or court order shall be deemed the
exclusive property of the member.
31685.5. A nonmember shall be retired upon his or her written
application to the board if all of the following conditions are met:
(a) The member or nonmember has attained the minimum age
prescribed by the applicable service retirement formula of the
member.
(b) On the date of retirement, the member had sufficient credited
service to retire for service, notwithstanding any service credit
awarded to the nonmember.
31685.6. Retirement shall be effective and the retirement allowance
shall begin to accrue as of the date designated in the nonmember's
application as the effective date of retirement, or the day following
the date of court order dividing the community property of the
member and nonmember, if later. In no event shall the retirement
become effective or the retirement allowance begin to accrue earlier
than the first day of the month in which the nonmember's application
is received at an office of the board or by an employee of the system
designated by the board.
31685.7. (a) If the nonmember retires before the member retires,
"final compensation" means the highest average annual compensation
earnable by the member during the three consecutive years, or one
year where applicable, prior to the date the nonmember retires. The
nonmember may designate an earlier period to be used where the time
period of the nonmember's marriage to the member and membership
correspond.
(b) If the member has retired before the nonmember, the "final
compensation" for the nonmember shall be the final compensation used
in calculating the member's retirement.
(c) Upon receipt of an application for retirement by the member,
the board shall notify the nonmember that his or her final
compensation will not increase any further and shall identify which
options are available to the nonmember and the impact thereof.
31685.8. A nonmember entitled to receive a retirement allowance
shall receive a retirement allowance based on the service retirement
formula applicable to the service credited to the nonmember.
31685.9. If a member becomes disabled, the combined benefit
payments to both the member and nonmember shall not exceed the amount
that would otherwise be paid to the member alone.
31685.95. (a) Under no circumstances shall a retirement plan be
required to make payments in any manner that will result in an
increase in the amount of benefits provided under the plan.
(b) All benefits determined pursuant to Part 5 (commencing with
Section 2610) of Division 7 of the Family Code and this article shall
be determined on the basis of the actuarial economic and demographic
assumptions and values prescribed by the board of the affected
retirement plan.
31685.96. (a) The age factor applicable to the nonmember shall be
based on the age of the nonmember at the time of his or her
retirement.
(b) The board shall adopt age factors as recommended by the
actuary.
31685.96. This article shall not be operative in any county until
the board of supervisors shall, by resolution adopted by a majority
vote, make this article applicable in the county.
31685. (a) Upon the legal separation or dissolution of marriage of
a member, after joining the retirement system as a party to the
proceeding pursuant to Chapter 6 (commencing with Section 2060) of
Part 1 of Division 6 of the Family Code, the court shall include in
the judgment or a court order the date on which the parties
separated.
(b) If the court orders the division of the community property
interest in the system pursuant to Section 2610 of the Family Code,
the accumulated contributions and service credit attributable to
periods of service during the marriage shall be divided into two
separate and distinct accounts in the name of the member and
nonmember, respectively. Any service credit or accumulated
contributions that are not explicitly awarded by the judgment or
court order shall be deemed the exclusive property of the member.
(c) Upon receipt of the court order separating the account of the
member and the nonmember pursuant to this section, the board shall
determine the rights of the nonmember, taking into consideration the
court order and the account of the member. These rights may include
the following:
(1) The right to a retirement allowance.
(2) The right to a refund of accumulated retirement contributions.
(3) The right to redeposit accumulated contributions that are
eligible for redeposit by the member.
(4) The right to purchase service credit that is eligible for
purchase by the member.
(5) The right to designate a beneficiary to receive his or her
accumulated contributions payable where death occurs prior to
retirement.
(6) The right to designate a beneficiary for any unpaid allowance
payable at the time of the nonmember's death.
(d) In the capacity of nonmember, the nonmember shall not be
entitled to any disability retirement allowance.
31685.1. "Nonmember," as used in this article, means the spouse or
former spouse, or child or other dependent as ordered by the court,
of a member, who as a result of petitioning the court for the
division of community property, has been awarded a distinct and
separate account reflecting specific credited service and accumulated
contributions.
31685.2. (a) The nonmember who is awarded a separate account shall
have the right to a refund of the accumulated contributions and
interest credited in the separate account of the nonmember.
(b) The nonmember shall file an application on a form provided by
the system to obtain the refund.
(c) The refund shall be effective when the system deposits in the
United States mail an initial warrant drawn in favor of the nonmember
and addressed to the latest address for the nonmember on file with
the system.
(d) The nonmember is deemed to have permanently waived all rights
in the system and all rights to any future retirement benefits
pertaining to the service credit accumulated contributions, or both,
when the refund becomes effective.
(e) The nonmember may not cancel a refund once it has become
effective.
(f) The nonmember shall have no right to elect to redeposit the
refunded accumulated contributions from the nonmember's account after
the refund is effective, and shall have no right to redeposit or to
purchase service credit after the refund becomes effective.
(g) If at the time of the marriage dissolution or legal
separation, the member does not have the necessary minimum credited
service to elect deferred retirement, the nonmember shall receive a
refund of the accumulated contributions and credited interest placed
in the nonmember's account.
(h) If the nonmember receives a refund under this section, the
member may elect to redeposit accumulated contributions and interest
refunded to the nonmember and to receive credit for the service time
that had been forfeited by the nonmember. The election shall be made
within five years of receipt of notice from the board of eligibility
to redeposit the contributions. The board shall establish the manner
of payment and the time period within which the redeposit of
contributions may be made. The interest rate established by the board
shall be the same as that charged to members on all other
redeposits.
31685.3. (a) The nonmember who is awarded a separate account may
redeposit accumulated contributions and interest previously refunded
to the member in accordance with the determination of the court
required by Section 31685.
(b) The nonmember may redeposit only those accumulated
contributions and interest that were previously refunded to the
member and that the court has determined to be the community property
interest of the nonmember in the accumulated contributions.
(c) If the nonmember elects to redeposit, he or she shall repay
the accumulated contributions and interest.
(d) An election to redeposit shall be considered an election to
repay all accumulated contributions and interest previously refunded
that the nonmember is entitled to redeposit.
(e) The right of the nonmember to redeposit is subject to the
regulations of the board.
(f) The member has no right to the court-determined nonmember
share of any previously refunded accumulated contributions and
interest whether or not the nonmember elects to redeposit until the
effective date of any refund requested by the nonmember pursuant to
Section 31685.2, or the nonmember dies before redeposit is completed.
However, any right to redeposit previously refunded accumulated
contributions and interest not explicitly awarded to the nonmember by
the judgment or court order shall be deemed the exclusive property
of the member.
(g) Any redeposit by the nonmember shall be made by lump sum
before retirement.
31685.4. (a) The nonmember shall have the right to purchase service
credit pursuant to the determination of the court required by
Section 31685.
(b) The nonmember may purchase only that service credit that the
court has determined to be the community property share of the
nonmember spouse.
(c) If the nonmember elects to purchase service credit, he or she
shall pay, prior to retirement, the contributions and interest
pursuant to the regulations of the board.
(d) The nonmember shall have no right to purchase the service
credit after the effective date of a refund of the accumulated
contributions in the separate account of the nonmember.
(e) The member has no right to the court-determined nonmember
share of the service credit whether or not the nonmember elects to
purchase the service credit until the effective date of any refund
requested by the nonmember pursuant to Section 31685.2, or the
nonmember dies before the service credit is purchased. However, any
service credit eligible for purchase that is not explicitly awarded
to the nonmember by the judgment or court order shall be deemed the
exclusive property of the member.
31685.5. A nonmember shall be retired upon his or her written
application to the board if all of the following conditions are met:
(a) The member or nonmember has attained the minimum age
prescribed by the applicable service retirement formula of the
member.
(b) On the date of retirement, the member had sufficient credited
service to retire for service, notwithstanding any service credit
awarded to the nonmember.
31685.6. Retirement shall be effective and the retirement allowance
shall begin to accrue as of the date designated in the nonmember's
application as the effective date of retirement, or the day following
the date of court order dividing the community property of the
member and nonmember, if later. In no event shall the retirement
become effective or the retirement allowance begin to accrue earlier
than the first day of the month in which the nonmember's application
is received at an office of the board or by an employee of the system
designated by the board.
31685.7. (a) If the nonmember retires before the member retires,
"final compensation" means the highest average annual compensation
earnable by the member during the three consecutive years, or one
year where applicable, prior to the date the nonmember retires. The
nonmember may designate an earlier period to be used where the time
period of the nonmember's marriage to the member and membership
correspond.
(b) If the member has retired before the nonmember, the "final
compensation" for the nonmember shall be the final compensation used
in calculating the member's retirement.
(c) Upon receipt of an application for retirement by the member,
the board shall notify the nonmember that his or her final
compensation will not increase any further and shall identify which
options are available to the nonmember and the impact thereof.
31685.8. A nonmember entitled to receive a retirement allowance
shall receive a retirement allowance based on the service retirement
formula applicable to the service credited to the nonmember.
31685.9. If a member becomes disabled, the combined benefit
payments to both the member and nonmember shall not exceed the amount
that would otherwise be paid to the member alone.
31685.95. (a) Under no circumstances shall a retirement plan be
required to make payments in any manner that will result in an
increase in the amount of benefits provided under the plan.
(b) All benefits determined pursuant to Part 5 (commencing with
Section 2610) of Division 7 of the Family Code and this article shall
be determined on the basis of the actuarial economic and demographic
assumptions and values prescribed by the board of the affected
retirement plan.
31685.96. (a) The age factor applicable to the nonmember shall be
based on the age of the nonmember at the time of his or her
retirement.
(b) The board shall adopt age factors as recommended by the
actuary.
31685.96. This article shall not be operative in any county until
the board of supervisors shall, by resolution adopted by a majority
vote, make this article applicable in the county.
31685. (a) Upon the legal separation or dissolution of marriage of
a member, after joining the retirement system as a party to the
proceeding pursuant to Chapter 6 (commencing with Section 2060) of
Part 1 of Division 6 of the Family Code, the court shall include in
the judgment or a court order the date on which the parties
separated.
(b) If the court orders the division of the community property
interest in the system pursuant to Section 2610 of the Family Code,
the accumulated contributions and service credit attributable to
periods of service during the marriage shall be divided into two
separate and distinct accounts in the name of the member and
nonmember, respectively. Any service credit or accumulated
contributions that are not explicitly awarded by the judgment or
court order shall be deemed the exclusive property of the member.
(c) Upon receipt of the court order separating the account of the
member and the nonmember pursuant to this section, the board shall
determine the rights of the nonmember, taking into consideration the
court order and the account of the member. These rights may include
the following:
(1) The right to a retirement allowance.
(2) The right to a refund of accumulated retirement contributions.
(3) The right to redeposit accumulated contributions that are
eligible for redeposit by the member.
(4) The right to purchase service credit that is eligible for
purchase by the member.
(5) The right to designate a beneficiary to receive his or her
accumulated contributions payable where death occurs prior to
retirement.
(6) The right to designate a beneficiary for any unpaid allowance
payable at the time of the nonmember's death.
(d) In the capacity of nonmember, the nonmember shall not be
entitled to any disability retirement allowance.
31685.1. "Nonmember," as used in this article, means the spouse or
former spouse, or child or other dependent as ordered by the court,
of a member, who as a result of petitioning the court for the
division of community property, has been awarded a distinct and
separate account reflecting specific credited service and accumulated
contributions.
31685.2. (a) The nonmember who is awarded a separate account shall
have the right to a refund of the accumulated contributions and
interest credited in the separate account of the nonmember.
(b) The nonmember shall file an application on a form provided by
the system to obtain the refund.
(c) The refund shall be effective when the system deposits in the
United States mail an initial warrant drawn in favor of the nonmember
and addressed to the latest address for the nonmember on file with
the system.
(d) The nonmember is deemed to have permanently waived all rights
in the system and all rights to any future retirement benefits
pertaining to the service credit accumulated contributions, or both,
when the refund becomes effective.
(e) The nonmember may not cancel a refund once it has become
effective.
(f) The nonmember shall have no right to elect to redeposit the
refunded accumulated contributions from the nonmember's account after
the refund is effective, and shall have no right to redeposit or to
purchase service credit after the refund becomes effective.
(g) If at the time of the marriage dissolution or legal
separation, the member does not have the necessary minimum credited
service to elect deferred retirement, the nonmember shall receive a
refund of the accumulated contributions and credited interest placed
in the nonmember's account.
(h) If the nonmember receives a refund under this section, the
member may elect to redeposit accumulated contributions and interest
refunded to the nonmember and to receive credit for the service time
that had been forfeited by the nonmember. The election shall be made
within five years of receipt of notice from the board of eligibility
to redeposit the contributions. The board shall establish the manner
of payment and the time period within which the redeposit of
contributions may be made. The interest rate established by the board
shall be the same as that charged to members on all other
redeposits.
31685.3. (a) The nonmember who is awarded a separate account may
redeposit accumulated contributions and interest previously refunded
to the member in accordance with the determination of the court
required by Section 31685.
(b) The nonmember may redeposit only those accumulated
contributions and interest that were previously refunded to the
member and that the court has determined to be the community property
interest of the nonmember in the accumulated contributions.
(c) If the nonmember elects to redeposit, he or she shall repay
the accumulated contributions and interest.
(d) An election to redeposit shall be considered an election to
repay all accumulated contributions and interest previously refunded
that the nonmember is entitled to redeposit.
(e) The right of the nonmember to redeposit is subject to the
regulations of the board.
(f) The member has no right to the court-determined nonmember
share of any previously refunded accumulated contributions and
interest whether or not the nonmember elects to redeposit until the
effective date of any refund requested by the nonmember pursuant to
Section 31685.2, or the nonmember dies before redeposit is completed.
However, any right to redeposit previously refunded accumulated
contributions and interest not explicitly awarded to the nonmember by
the judgment or court order shall be deemed the exclusive property
of the member.
(g) Any redeposit by the nonmember shall be made by lump sum
before retirement.
31685.4. (a) The nonmember shall have the right to purchase service
credit pursuant to the determination of the court required by
Section 31685.
(b) The nonmember may purchase only that service credit that the
court has determined to be the community property share of the
nonmember spouse.
(c) If the nonmember elects to purchase service credit, he or she
shall pay, prior to retirement, the contributions and interest
pursuant to the regulations of the board.
(d) The nonmember shall have no right to purchase the service
credit after the effective date of a refund of the accumulated
contributions in the separate account of the nonmember.
(e) The member has no right to the court-determined nonmember
share of the service credit whether or not the nonmember elects to
purchase the service credit until the effective date of any refund
requested by the nonmember pursuant to Section 31685.2, or the
nonmember dies before the service credit is purchased. However, any
service credit eligible for purchase that is not explicitly awarded
to the nonmember by the judgment or court order shall be deemed the
exclusive property of the member.
31685.5. A nonmember shall be retired upon his or her written
application to the board if all of the following conditions are met:
(a) The member or nonmember has attained the minimum age
prescribed by the applicable service retirement formula of the
member.
(b) On the date of retirement, the member had sufficient credited
service to retire for service, notwithstanding any service credit
awarded to the nonmember.
31685.6. Retirement shall be effective and the retirement allowance
shall begin to accrue as of the date designated in the nonmember's
application as the effective date of retirement, or the day following
the date of court order dividing the community property of the
member and nonmember, if later. In no event shall the retirement
become effective or the retirement allowance begin to accrue earlier
than the first day of the month in which the nonmember's application
is received at an office of the board or by an employee of the system
designated by the board.
31685.7. (a) If the nonmember retires before the member retires,
"final compensation" means the highest average annual compensation
earnable by the member during the three consecutive years, or one
year where applicable, prior to the date the nonmember retires. The
nonmember may designate an earlier period to be used where the time
period of the nonmember's marriage to the member and membership
correspond.
(b) If the member has retired before the nonmember, the "final
compensation" for the nonmember shall be the final compensation used
in calculating the member's retirement.
(c) Upon receipt of an application for retirement by the member,
the board shall notify the nonmember that his or her final
compensation will not increase any further and shall identify which
options are available to the nonmember and the impact thereof.
31685.8. A nonmember entitled to receive a retirement allowance
shall receive a retirement allowance based on the service retirement
formula applicable to the service credited to the nonmember.
31685.9. If a member becomes disabled, the combined benefit
payments to both the member and nonmember shall not exceed the amount
that would otherwise be paid to the member alone.
31685.95. (a) Under no circumstances shall a retirement plan be
required to make payments in any manner that will result in an
increase in the amount of benefits provided under the plan.
(b) All benefits determined pursuant to Part 5 (commencing with
Section 2610) of Division 7 of the Family Code and this article shall
be determined on the basis of the actuarial economic and demographic
assumptions and values prescribed by the board of the affected
retirement plan.
31685.96. (a) The age factor applicable to the nonmember shall be
based on the age of the nonmember at the time of his or her
retirement.
(b) The board shall adopt age factors as recommended by the
actuary.
31685.96. This article shall not be operative in any county until
the board of supervisors shall, by resolution adopted by a majority
vote, make this article applicable in the county.
