A member’s election of disability or death benefit coverage shall meet all of the following requirements:
(a) The member is eligible to participate in the election pursuant to Section 23702.
(b) The election is filed on a form provided by the system.
(c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists:
(1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse.
(2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition.
(3) The member 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.
(4) The member is not married.
(5) The current spouse has no identifiable community property interest in future benefits.
(d) The election document is signed and dated during the 180-day election period specified in Section 23701.
(e) The signatures of the member and the member’s spouse on the election document are witnessed by a third party who is at least 18 years of age.
(f) The election document is received in the system’s office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993.
(Amended by Stats. 1994, Ch. 933, Sec. 55. Effective September 28, 1994.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.