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Legal Resources | Government Code |  GC  21473  

Public Employees’ Retirement System; Optional Settlements   

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(a) Notwithstanding Section 21472, the election of an optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 in which a spouse is designated as the beneficiary, may be modified as provided in this section in the event of a dissolution or annulment of the marriage or a legal separation in which the division of the community property awards the total interest in the retirement system to the retired member. The modification shall provide that payment shall be continued during the retired member's lifetime in accordance with the optional settlement then in effect but that no monthly allowance shall be paid following the retired member's death, and in lieu thereof there shall be paid in a lump sum to the member's estate or a beneficiary designated by him or her the amount, if any, by which the member's accumulated contributions at retirement exceed the total payments made to the retired member to the date of his or her death.

(b) This section shall apply to any member who retires on or after January 1, 2018.

(Added by Stats. 2016, Ch. 199, Sec. 22.)