75550-75553
GOVERNMENT CODE
SECTION 75550-75553
75550. In this article, unless the context indicates otherwise:
(a) "Member" means a judge as defined in Section 75502.
(b) "Nonmember" means the spouse or former spouse of a member, who
as a result of petitioning the court for the division of community
property has been awarded a distinct and separate account reflecting
specific monetary credits, specific credited service, and accumulated
contributions.
(c) "Court" means the court with jurisdiction over the marriage.
75551. (a) If a member's marriage is dissolved or a member and his
or her spouse are legally separated while the member is an active
judge, the court shall make the following determinations:
(1) The number of years of service that accrued during the
marriage of the member and nonmember, down to the date of their
separation.
(2) The date of the parties' separation.
(3) If the member had been a judge for fewer than five years on
the date of separation, the court shall determine the member's and
nonmember's shares of the judge's contributions to the fund, based on
Section 2610 of the Family Code, and on the law generally applicable
to property earned during marriage.
(4) If the member had been a judge for five years or more on the
date of separation, the court shall determine the member's and
nonmember's shares of the judge's monetary credits that have accrued
pursuant to Section 75520, based on Section 2610 of the Family Code,
and on the law generally applicable to property earned during
marriage. The monetary credits include the credits computed pursuant
to subdivision (b) of Section 75520 computed to the date the court
finds appropriate.
(b) The determinations made pursuant to paragraphs (1) and (2) and
pursuant to paragraph (3) or (4) of subdivision (a) shall be
included in the judgment of dissolution or separation. The system
shall deem any portion of the judge's contributions or of the judge's
monetary credits that were not allocated by the judgment to the
nonmember, to be allocated to the member.
(c) Promptly after receiving a certified copy of a judgment
dissolving the marriage of a member or legally separating a member
and nonmember and allocating shares of the member's contributions
pursuant to paragraph (3) of subdivision (a), the fund shall pay to
the nonmember the amount allocated to him or her in the judgment. The
nonmember shall have no further interest in the fund.
(d) Promptly after receiving a certified copy of a judgment
dissolving the marriage of a member or legally separating a member
and nonmember and allocating shares of the member's monetary credits
pursuant to paragraph (4) of subdivision (a), the fund shall pay to
the nonmember the amount allocated to him or her in the judgment. The
nonmember shall have no further interest in the fund.
(e) The amount of the payment pursuant to subdivision (c) or (d)
shall be subtracted from the member's monetary credits as computed
pursuant to Section 75520. Until the amount is redeposited pursuant
to Section 75552, the additional credits accorded pursuant to
subdivision (b) of Section 75520 shall be computed on the amount so
reduced.
75552. (a) After payment of a portion of the member's contributions
to a nonmember pursuant to subdivision (b) of Section 75551, the
member may redeposit the full amount in the fund at any time before
he or she retires or otherwise leaves judicial office. The redeposit
shall include interest at the rate of interest then being required to
be paid by members of the Public Employees' Retirement System under
Section 20654 from the date of payment to the date of redeposit. A
partial redeposit shall not be accepted.
(b) After payment of a portion of the member's monetary credits to
a nonmember pursuant to subdivision (c) of Section 75551, the member
may redeposit the full amount in the fund at any time before he or
she retires or otherwise leaves judicial office. The redeposit shall
include interest at the greater of: (1) the rate of interest then
being required to be paid by members of the Public Employees'
Retirement System under Section 20654 from the date of payment to the
date of redeposit; or (2) the compounded amounts that would have
been credited to the member's monetary account pursuant to
subdivision (b) of Section 75520 had the payment not been made to the
nonmember. A partial redeposit shall not be accepted.
75553. (a) If a member leaves judicial office after a nonmember has
received a share of the member's contributions or a share of the
member's monetary credits pursuant to Section 75551, the member's
retirement fund rights shall be determined pursuant to this section.
(b) If the member has redeposited the amount paid to the
nonmember, with interest, pursuant to Section 75552, the payment to
the nonmember shall be ignored and the member's rights shall be
determined as though the payment to the nonmember had not occurred;
and subdivisions (c), (d), and (e) shall not apply.
(c) If the member leaves judicial office before accruing at least
five years of service, he or she shall be paid the dollar amount of
his or her contributions to the system minus the amount paid to the
nonmember, and no other amount.
(d) If the member leaves office after accruing five or more years
of service and either: (1) elects, pursuant to subdivision (e) of
Section 75522, to receive the amount of his or her monetary credits;
or (2) is entitled, pursuant to subdivision (b) or (c) of Section
75521 to receive only the amount of his or her monetary credits, the
member shall be paid the amount of his or her monetary credits as
provided in Section 75521 or subdivision (e) of Section 75522,
reduced as provided in subdivision (d) of Section 75551.
(e) If the member is eligible for retirement pursuant to Section
75522 and elects, pursuant to subdivision (d) of Section 75522, to
receive a monthly allowance, the judge's monthly allowance shall
equal the monthly allowance that would have been payable pursuant to
subdivision (d) of Section 75522 based on the judge's service and
salary, multiplied by a fraction equal to:
NMS 50%
------- + (MS)
S -----------
S
the member's total
service
the member's service
while married to
"S" =
where: "MS" = the nonmember prior to
their
"NMS" = separation
the member's service
while not married
to the nonmember
(f) If, notwithstanding paragraph (1) of subdivision (a) of
Section 75551, the judgment did not specify the number of years of
service that accrued during the marriage or other necessary facts,
the system may make its own determination in order to make the
computation in subdivision (e).