BILL NUMBER: SB 857	CHAPTERED  09/30/00

	CHAPTER   988
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Peace

                        FEBRUARY 25, 1999

   An act to add Sections 75059 and 75059.1 to the Government Code,
relating to the Judges' Retirement System.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 857, Peace.  Judges' Retirement System:  benefits.
   The Judges' Retirement Law prescribes rights and benefits of a
former spouse of a judge when the community property interests of the
parties in the system are divided between them by the court in
proceedings for legal separation or dissolution of marriage.
   This bill would provide that, in dissolution or separation
proceedings involving a retired judge, when the community property
interests of the parties in the retirement allowance are divided as
specified, the former spouse shall be entitled to receive a lifetime
benefit, as specified, and to designate a beneficiary for any unpaid
allowance payable at the time of his or her death.  The bill would
make those benefits available prospectively to a former spouse of a
judge who retired or died prior to January 1, 2001, if the former
spouse notifies the system prior to January 1, 2002.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 75059 is added to the Government Code, to read:

   75059.  (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.
  SEC. 2.  Section 75059.1 is added to the Government Code, to read:

   75059.1.  (a) A former spouse of a judge retired or deceased as of
January 1, 2001, shall be eligible for the benefits provided by this
section if the community property interest in the system was divided
by court order pursuant to paragraph (4) of subdivision (a) of
Section 2610 of the Family Code, the former spouse retained an
interest in the system, and the parties did not divide the member's
account pursuant to Section 75050.  The monthly allowance payable
pursuant to that division to the former spouse 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.
   (b) The section shall apply retroactively to establish eligibility
for a former spouse to the benefits provided by this section, but
any payment made to the former spouse shall be prospective and shall
commence no earlier than (1) the first of the month in which the
application was received by the system in those cases where the
member is deceased, or (2) the first of the month in which a valid
court order is received in cases where the retired judge is still
living.
   (c) The board has no duty to locate or notify the members or
former spouses who may be eligible to apply for the benefits under
this section.
   (d) The benefits provided by this section shall be applicable to
persons otherwise eligible who notify the system in writing prior to
January 1, 2002.