Section 21298 Of Article 2. Community Property From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 13. >> Article 2.
21298
. (a) A nonmember entitled to receive a retirement allowance
shall receive a retirement allowance based on the service retirement
formula applicable to the service credited to the nonmember.
(b) The retirement allowance shall consist of a pension and an
annuity, the latter of which shall be derived from the nonmember's
accumulated contributions. The nonmember's retirement allowance,
based upon the service credited by the employer and the nonmember's
effective date of retirement, shall be subject to all cost-of-living
increases, ad hoc increases, and increases provided by Section 21337
or 21337.1.
(c) If, prior to the nonmember's retirement, there is any increase
in the service retirement formula that applies to service credited
to the nonmember, that increase shall apply to the applicable service
credited to the nonmember, provided that the same increase also
applies to the applicable service credited to the member from whose
account the nonmember's service was derived.