§ 75059. — 75059. (Added by Stats. 2000, Ch. 988, Sec. 1.)

California § 75059.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 8.: TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS
• Ch. 11.: CHAPTER 11. Judges’ Retirement Law
• Art. 2.5.: ARTICLE 2.5. Community Property

Text

(a)
Upon the legal separation or dissolution of marriage of a retired member, the court shall include in a judgment or court order the date on which the parties separated.
(b)
If the court orders the division of the community property interest in the system pursuant to paragraph (4) of subdivision (a) of Section 2610 of the Family Code, the retirement allowance payable to the member attributable to periods of service during the marriage shall be irrevocably divided into two separate and distinct payments in the names of the member and nonmember former spouse, respectively. Benefits under this section shall be based on the actuarial equivalent of the member’s retirement allowance as of the effective date of the order dividing the benefit. The share of the actuarially reduced monthly allowance payable to the former spouse pursuant to that division shall be a lifetime benefit, and the former spouse shall have the right to designate a beneficiary for any unpaid allowance payable at the time of his or her death.
(c)
Any retirement allowance not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member.
(d)
Any survivor benefits payable to any eligible surviving spouse of a retired member whose allowance was reduced under this section shall be based solely on the reduced allowance.

Legislative History

Added by Stats. 2000, Ch. 988, Sec. 1. Effective January 1, 2001.