Section 21261 Of Article 1. General Provisions From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 13. >> Article 1.
21261
. The sole purpose of this section is to notify the current
spouse of the selection of benefits or change of beneficiary made by
a member. This section is not intended to conflict with community
property law. An application for a refund of the member's accumulated
contributions, an election of optional settlement, a designation of
beneficiary, or a change in beneficiary designation shall contain the
signature of the current spouse of the member, unless the member
declares, in writing under penalty of perjury, any of the following:
(a) The member is not married.
(b) The current spouse has no identifiable community property
interest in the benefit.
(c) The member does not know, and has taken all reasonable steps
to determine, the whereabouts of the current spouse.
(d) The current spouse has been advised of the application and has
refused to sign the written acknowledgment.
(e) The current spouse is incapable of executing the
acknowledgment because of an incapacitating mental or physical
condition.
(f) The member and the current spouse have executed a marriage
settlement agreement pursuant to Part 5 (commencing with Section
1500) of Division 4 of the Family Code that makes the community
property law inapplicable to the marriage.