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HomeEducation CodeDiv. 1Pt. 14Ch. 15§ 27401 Nonparticipant Spouse Benefits

§ 27401 Nonparticipant Spouse Benefits

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

§ 27401 Nonparticipant Spouse Benefits

Key Takeaways

  • •If you're married or were married to someone in the Cash Balance Benefit Program, you might get a share of their retirement money, even if you're not in the program yourself.
  • •This share is based on the money put into their retirement accounts during the marriage.
  • •The same rules apply to registered domestic partners as they do to spouses.

Example

John and Jane were married for 10 years. During that time, John worked and contributed to his Cash Balance Benefit Program. They later divorced, and the court decided Jane should get a portion of John's retirement savings from the time they were married.

Even though Jane was never part of the Cash Balance Benefit Program, she can still get a share of John's retirement money because they were married when the money was saved. This is because the law treats her as a 'nonparticipant spouse'.

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

Official Source
View on CA.gov

§ 27401 Nonparticipant Spouse Benefits

(a) For purposes of this chapter, “nonparticipant spouse” means a participant’s spouse or former spouse who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity. A nonparticipant spouse who is awarded separate nominal accounts is not a participant in the Cash Balance Benefit Program. A nonparticipant spouse who receives or is awarded an interest in a participant’s annuity is not a participant in the Cash Balance Benefit Program. (b) For purposes of this chapter, a participant’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity shall be treated in the same manner as a nonparticipant spouse. (Amended by Stats. 2005, Ch. 418, Sec. 12. Effective January 1, 2006.)

Last verified: January 23, 2026

Key Terms

nonparticipant spousecommunity property interestCash Balance Benefit Programregistered domestic partner

Related Statutes

  • § 27403 Nonparticipant Spouse Benefits
  • § 27404 Nonparticipant Spouse Benefit Rights
  • § 27406 Nonparticipant Spouse Lump-Sum Distribution
  • § 27400 Community Property Benefit Rights
  • § 27402 Retirement Account Division Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 27401.
View Official Source