Section 31760.3 Of Article 11. Optional Retirement Allowances From California Government Code >> Division 4. >> Title 3. >> Part 3. >> Chapter 3. >> Article 11.
31760.3
. 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. Nothing in this section is intended to conflict with
community property law. An application for a refund of the member's
accumulated contributions, an election of optional settlement, 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 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 which makes the community
property law inapplicable to the marriage.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make this section applicable in the county.