Part 5. Retirement Plan Benefits of California Family Law Code >> Division 7. >> Part 5.
(a) Except as provided in subdivision (b), the court shall
make whatever orders are necessary or appropriate to ensure that each
party receives the party's full community property share in any
retirement plan, whether public or private, including all survivor
and death benefits, including, but not limited to, any of the
(1) Order the disposition of any retirement benefits payable upon
or after the death of either party in a manner consistent with
(2) Order a party to elect a survivor benefit annuity or other
similar election for the benefit of the other party, as specified by
the court, in any case in which a retirement plan provides for such
an election, provided that no court shall order a retirement plan to
provide increased benefits determined on the basis of actuarial
(3) Upon the agreement of the nonemployee spouse, order the
division of accumulated community property contributions and service
credit as provided in the following or similar enactments:
(A) Article 2 (commencing with Section 21290) of Chapter 9 of Part
3 of Division 5 of Title 2 of the Government Code.
(B) Chapter 12 (commencing with Section 22650) of Part 13 of the
(C) Article 8.4 (commencing with Section 31685) of Chapter 3 of
Part 3 of Division 4 of Title 3 of the Government Code.
(D) Article 2.5 (commencing with Section 75050) of Chapter 11 of
Title 8 of the Government Code.
(E) Chapter 15 (commencing with Section 27400) of Part 14 of the
(4) Order a retirement plan to make payments directly to a
nonmember party of his or her community property interest in
(b) A court shall not make any order that requires a retirement
plan to do either of the following:
(1) Make payments in any manner that will result in an increase in
the amount of benefits provided by the plan.
(2) Make the payment of benefits to any party at any time before
the member retires, except as provided in paragraph (3) of
subdivision (a), unless the plan so provides.
(c) This section shall not be applied retroactively to payments
made by a retirement plan to any person who retired or died prior to
January 1, 1987, or to payments made to any person who retired or
died prior to June 1, 1988, for plans subject to paragraph (3) of