Section 27406 Of Chapter 15. Community Property From California Education Code >> Division 1. >> Title 1. >> Part 14. >> Chapter 15.
27406
. The nonparticipant spouse who is awarded separate nominal
accounts with respect to the Cash Balance Benefit Program shall have
the right to a lump-sum distribution of amounts credited to the
account.
(a) The nonparticipant spouse shall file an application on a form
provided by the system to obtain the distribution.
(b) The distribution is effective when the system deposits in the
United States mail a warrant drawn in favor of the nonparticipant
spouse and addressed to the latest address for the nonparticipant
spouse on file with the system.
(c) If the nonparticipant spouse has elected on a form provided by
the system to transfer all or a specified portion of the accounts
that are eligible for direct trustee-to-trustee transfer under
Section 401(a)(31) of Title 26 of the United States Code to the
trustee of a qualified plan under Section 402 of Title 26 of the
United States Code, deposit in the United States mail of a notice
that the requested transfer has been made constitutes a distribution
of the nonparticipant spouse's credit balance from the separate
nominal accounts. This subdivision shall not apply to a
nonparticipant partner consistent with Section 402 of the Internal
Revenue Code.
(d) The nonparticipant spouse is deemed to have permanently waived
all rights to an annuity when the distribution becomes effective.
(e) The nonparticipant spouse may not cancel a distribution after
the distribution is effective.
(f) The nonparticipant spouse shall have no right to elect to
redeposit the distribution after the distribution is effective.