Community Property
Cal. EDC § 27406
California Statutes
The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum distribution of amounts credited to the account. (
a) The nonparticipant spouse shall file an application on a form provided by the system to obtain the distribution. (
b) The distribution is effective when the system deposits in the United States mail a warrant drawn in favor of the nonparticipant spouse and addressed to the latest address for the nonparticipant spouse on file with the system. (
c) If the nonparticipant spouse has elected on a form provided by the system to transfer all or a specified portion of the accounts that are eligible for direct trustee-to-trustee transfer under
Section 401(a)(31) of Title of the United States Code to the trustee of a qualified plan under
Section of Title of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes a distribution of the nonparticipant spouse’s credit balance from the separate nominal accounts. This subdivision shall not apply to a nonparticipant partner consistent with
Section of the Internal Revenue Code. (
d) The nonparticipant spouse is deemed to have permanently waived all rights to an annuity when the distribution becomes effective. (
e) The nonparticipant spouse may not cancel a distribution after the distribution is effective. (
f) The nonparticipant spouse shall have no right to elect to redeposit the distribution after the distribution is effective.