Gov. Code, § 21294 · Article 2. Community Property
Gov. Code, § 21294
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 21290.
(b) The nonmember may purchase only that service credit that the court, pursuant to Section 21290 has determined to be the community property interest 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 required by Article 4 (commencing with Section 20990) and Article 5 (commencing with Section 21020) of Chapter 11 and 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 purchase the community property interest of the nonmember of the service credit unless the nonmember has permanently waived all rights in the system by effecting a refund of accumulated contributions pursuant to Section 21292. 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.
(f) If the nonmember elected to purchase service credits upon retirement and has subsequently died, prior to completing the purchase, the board shall file a claim against the estate of the deceased to recover benefit payments that exceeded those for which payment was made.
Notes and commentary — not statutory text
History
Amended by Stats. 2003, Ch. 855, Sec. 9. Effective January 1, 2004.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=21294.
- Text hash
- sha256 4a6627446654146b5cea8c199b91d095dd0c03447f07b4ef1801b19841197a8b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, tit. 2, div. 5, pt. 3, ch. 11, art. 4Absences from EmploymentPrinted as Article 4 (commencing with Section 20990)
- Gov. Code, tit. 2, div. 5, pt. 3, ch. 11, art. 5Credit for Public ServicePrinted as Article 5 (commencing with Section 21020) of Chapter 11
- Gov. Code, § 21290Printed as Section 21290
- Gov. Code, § 21292Printed as Section 21292
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.