Optional Settlements On and After January 1, 2018

Cal. GOV § 21477

California Statutes

(

a) The Flexible Beneficiary Option consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a monthly allowance paid to his or her named beneficiary or beneficiaries for life. Subject to

Section 21471.2, the member may select the monthly allowance payable to the named beneficiary or beneficiaries from the options below:

(1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount determined by the member be paid to a named beneficiary or beneficiaries for life.

(2) Specific Percentage to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the member’s allowance be paid to a named beneficiary or beneficiaries for life.

(3) Court Ordered Community Property. Upon receipt of documentation by the board and solely for purposes of dividing community property in connection with the legal separation or dissolution of marriage, a court may order the member to select this option to provide the nonmember spouse with a lifetime monthly allowance equal to the nonmember spouse’s system interest as defined in the court order. This order shall comply with

Section of the Family Code. (

A) Any portion of the member’s unmodified benefit that is not awarded to the nonmember spouse shall be the member’s separate benefit. (

B) The actuarial reduction necessary to provide a lifetime benefit to the nonmember spouse shall be based on the joint lives of both the member and the nonmember spouse as determined by the board. Unless the court order provides otherwise, the actuarial reduction will be applied to the nonmember spouse’s system interest. (

C) A member who selects this option shall have the right to receive his or her separate interest for his or her life alone or may designate another beneficiary or beneficiaries to receive a benefit after the member’s death as set forth in

Section or 21474, or this section. (

D) This

section is not intended to limit the parties’ rights to obtain a court order providing for any other division of the community property interest acceptable to the board in accordance with

Section of the Family Code or for the selection of a different optional settlement. (

b) This

section shall apply to any member who retires on or after January 1, 2018.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 21477
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV21477.201724118

Optional Settlements On and After January 1, 2018

Cal. GOV § 21477

California Statutes

Optional Settlements On and After January 1, 2018

Cal. GOV § 21477

California Statutes

(

a) The Flexible Beneficiary Option consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a monthly allowance paid to his or her named beneficiary or beneficiaries for life. Subject to

Section 21471.2, the member may select the monthly allowance payable to the named beneficiary or beneficiaries from the options below:

(1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount determined by the member be paid to a named beneficiary or beneficiaries for life.

(2) Specific Percentage to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the member’s allowance be paid to a named beneficiary or beneficiaries for life.

(3) Court Ordered Community Property. Upon receipt of documentation by the board and solely for purposes of dividing community property in connection with the legal separation or dissolution of marriage, a court may order the member to select this option to provide the nonmember spouse with a lifetime monthly allowance equal to the nonmember spouse’s system interest as defined in the court order. This order shall comply with

Section of the Family Code. (

A) Any portion of the member’s unmodified benefit that is not awarded to the nonmember spouse shall be the member’s separate benefit. (

B) The actuarial reduction necessary to provide a lifetime benefit to the nonmember spouse shall be based on the joint lives of both the member and the nonmember spouse as determined by the board. Unless the court order provides otherwise, the actuarial reduction will be applied to the nonmember spouse’s system interest. (

C) A member who selects this option shall have the right to receive his or her separate interest for his or her life alone or may designate another beneficiary or beneficiaries to receive a benefit after the member’s death as set forth in

Section or 21474, or this section. (

D) This

section is not intended to limit the parties’ rights to obtain a court order providing for any other division of the community property interest acceptable to the board in accordance with

Section of the Family Code or for the selection of a different optional settlement. (

b) This

section shall apply to any member who retires on or after January 1, 2018.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 21477
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV21477.201724118