Section 21294 Of Article 2. Community Property From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 13. >> Article 2.
21294
. (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.