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HomeEducation CodeDiv. 1Pt. 13Ch. 12§ 22660 Nonmember Spouse Beneficiary Rights

§ 22660 Nonmember Spouse Beneficiary Rights

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 22660 Nonmember Spouse Beneficiary Rights

Key Takeaways

  • •If you're not a member of the retirement plan but get a separate account because of a divorce or legal split, you can choose who gets the money in that account if you die.
  • •You can pick who gets any leftover retirement money or payments from your separate account after you pass away.
  • •You can't change how the retirement payments are set up or choose a joint plan with someone else for the extra benefits.

Example

Imagine a couple gets divorced, and one person isn't part of the retirement plan but gets some of the retirement money in a separate account. That person can decide who gets the money if they die.

The law lets the non-member spouse (the one not in the retirement plan) pick a beneficiary for their separate account. They can't change how the payments work or choose a joint plan, but they can say who gets the leftover money.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 22660 Nonmember Spouse Beneficiary Rights

(a) The nonmember spouse who is awarded a separate account under this part shall have the right to designate, pursuant to Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to receive the accumulated retirement contributions under the Defined Benefit Program and to designate a payee to receive the remaining balance of payments for a period-certain annuity, or the accumulated Defined Benefit Supplement account balance under the Defined Benefit Supplement Program remaining in the separate account of the nonmember spouse on his or her date of death, and any accrued allowance or accrued benefit under the Defined Benefit Supplement Program that is attributable to the separate account of the nonmember spouse and that is unpaid on the date of the death of the nonmember spouse. (b) This section shall not be construed to provide the nonmember spouse with any right to elect to modify a retirement allowance under Section 24300 or 24300.1, or to elect a joint and survivor annuity under the Defined Benefit Supplement Program. (Amended by Stats. 2017, Ch. 298, Sec. 3. (AB 1325) Effective January 1, 2018.)

Last verified: January 23, 2026

Key Terms

nonmember spouseseparate accountDefined Benefit ProgramDefined Benefit Supplement Programretirement allowancejoint and survivor annuity

Related Statutes

  • § 22658 Nonmember Spouse Separate Accounts
  • § 22653 Nonmember Spouse Benefit Rights
  • § 22659 Nonmember Spouse Retirement Information
  • § 22656 Judgment Binding On System
  • § 22663 Nonmember Spouse Service Credit Purchase

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22660.
View Official Source