Gov. Code, § 31685 · Article 8.4. Community Property
Gov. Code, § 31685
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 1994, Ch. 670, Sec. 2. Effective January 1, 1995.
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=31685.
- Text hash
- sha256 a3c688997522581c7dcd2b7f1a4e45549b32c88954b31728d5fe5ee923382c92
- 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
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