Chapter 9. Community Property of California Government Code >> Division 5. >> Title 2. >> Part 7. >> Chapter 9.

(a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated.
  (b) If the community property is divided in accordance with subdivision (c) of Section 2610 of the Family Code, the court shall order that the contributions and earnings attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the participant and the name of the nonparticipant spouse, respectively. Any contributions or earnings that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant.
  (c) The court shall address the rights of the nonparticipant spouse to the following:
  (1) The right to a retirement benefit, and the consequent right to elect an annuity.
  (2) The right to lump-sum distribution of the balance of the nonparticipant spouse's account.
  (3) The right to designate a beneficiary to receive a distribution of the balance remaining in the nonparticipant spouse's account upon the death of the nonparticipant spouse.
  (d) In the capacity of nonparticipant spouse, he or she is entitled only to the rights and benefits explicitly established by this chapter. The nonparticipant spouse shall not be entitled to a disability benefit.
  (e) Nothing in this chapter shall be construed to authorize any amount to be distributed under the plan at a time or in a form that is not permitted under this part or Title 26 of the United States Code.

For purposes of this chapter, "nonparticipant spouse" means the spouse or the former spouse of the participant, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account. A nonparticipant spouse who is awarded a separate account is not a participant in the plan.

(a) The nonparticipant spouse shall have the right to a lump-sum distribution of the amounts credited to his or her account.
  (b) The nonparticipant spouse shall file an application for the distribution on a form prescribed by the board.
  (c) No partial distribution shall be made from the nonparticipant spouse's account.
  (d) The nonparticipant spouse may not cancel the distribution once it has become effective.
  (e) The nonparticipant spouse is deemed to have permanently waived all rights to a retirement benefit when the distribution becomes effective.

(a) A nonparticipant spouse may apply for a retirement benefit, provided the participant or the nonparticipant spouse has attained the normal retirement age. The retirement benefit is a distribution of the balance of the nonparticipant spouse's account.
  (b) Application for a retirement benefit shall be made on an application form prescribed by the board.
  (c) The retirement date shall be the date designated in the nonparticipant spouse's application, or the day following the date of the court order dividing the community property of the participant and nonparticipant spouse, if later.

A nonparticipant spouse who is entitled to a distribution for retirement that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms:
  (a) A single lump-sum payment.
  (b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant.
  (c) A single life annuity.