SECTIONS 26700-26704 - California Statutes

EDUCATION CODE

SECTION 26700-26704

26700. A participant has a vested right to a retirement benefit
equal in amount to the total balance of credits in his or her
employee account and employer account. The right accrues when a
person becomes a participant.

26701. The right of a participant to a benefit under this part,
whether by lump sum or annuity, is not subject to execution or any
other process whatsoever, except to the extent permitted by Section
704.110 of the Code of Civil Procedure, and is unassignable except as
specifically provided under this part.

26702. (a) For the purpose of payments into or out of the fund for
adjustments of errors or omissions with respect to the Cash Balance
Benefit Program, the period of limitation shall be applied as
follows:
(1) No action may be commenced by or against the board, the
system, or the plan more than three years after all obligations to or
on behalf of the participant or beneficiary have been discharged.
(2) In cases where the system makes an error resulting in
incorrect payment to the participant or beneficiary, the system's
right to commence recovery shall expire three years from the date of
payment.
(3) If an erroneous payment is made due to lack of information or
inaccurate information regarding eligibility of a participant or
beneficiary to receive a benefit from the Cash Balance Benefit
Program, the period of limitation shall commence when the system
discovers the erroneous payment.
(b) Notwithstanding any other provision of this section, if any
erroneous payment has been made on the basis of fraud or intentional
misrepresentation by a participant or beneficiary, or other party in
relation to or on behalf of a participant or beneficiary, the
three-year period of limitation shall not be deemed to commence or to
have commenced until the system discovers the erroneous payment.

26703. The signature of the spouse of a participant shall be
required on a designation of beneficiary form or an application for a
retirement benefit, disability benefit, or termination benefit under
this part, unless the participant declares in writing, under penalty
of perjury, that one of the following conditions exists:
(a) The participant is not married.
(b) The participant does not know, and has taken all reasonable
steps to determine, the whereabouts of the spouse.
(c) The spouse is incapable of executing the acknowledgment
because of an incapacitating mental or physical condition.
(d) The participant and 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.
(e) The current spouse has no identifiable community property
interest in the benefit.

26704. If a spouse refuses to sign a beneficiary designation, an
application for a retirement benefit, disability benefit, or
termination benefit payable under this part, the participant may
bring an action in court to enforce the spousal signature requirement
or to waive the spousal signature requirement. Either party may
bring an action pursuant to Section 1101 of the Family Code to
determine the rights of the party.