LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeGovernment CodeDiv. 5Pt. 3Ch. 13Art. 2§ 21294 Nonmember Service Credit Purchase

§ 21294 Nonmember Service Credit Purchase

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

§ 21294 Nonmember Service Credit Purchase

Key Takeaways

  • •If a court says a nonmember spouse (someone not in the retirement system) owns part of the retirement benefits, they can buy that part.
  • •The nonmember can only buy the part the court says they own, not more.
  • •The nonmember must pay for it before retiring, or they lose the chance.
  • •If the nonmember dies before finishing payment, the retirement system can ask their estate for the extra money paid out.

Example

A couple gets divorced, and the court says the wife (who is not in the retirement system) owns half of the husband’s retirement benefits.

The wife can choose to buy that half from the retirement system, but she must pay for it before she retires. If she doesn’t pay on time, she can’t buy it later. If she starts paying but dies before finishing, the retirement system can ask her estate for any extra benefits she already received.

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

Official Source
View on CA.gov

§ 21294 Nonmember Service Credit Purchase

(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. (Amended by Stats. 2003, Ch. 855, Sec. 9. Effective January 1, 2004.)

Last verified: January 22, 2026

Key Terms

nonmemberservice creditcommunity property interestrefund of accumulated contributions

Related Statutes

  • § 21290 Retirement Benefits In Divorce
  • § 21293 Nonmember Contribution Redeposit Rights
  • § 21292 Nonmember Contribution Refund Rights
  • § 21295 Nonmember Retirement Eligibility
  • § 21297 Nonmember Final Compensation Calculation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21294.
View Official Source