Education Code section 26703

The signature of the spouse of a participant shall be required on a designation of beneficiary form, an election, change, or termination of an annuity, 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.

Source: Section 26703, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EDC§ionNum=26703.­ (accessed May 12, 2025).

Last Updated

May 12, 2025

§ 26703’s source at ca​.gov