Government Code section 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.

Source: Section 31760.3, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=31760.­3.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 31760.3’s source at ca​.gov