(a) Notwithstanding any other provision of this part, when a member’s account has been divided pursuant to Section 21290, and the nonmember has not effected a refund of accumulated contributions pursuant to Section 21292 prior to the member’s effective date of retirement, and the nonmember has sufficient credited service to retire for service, the retirement allowance payable to a member who retires on or after January 1, 2004, shall be equal to the difference between (1) the allowance that would have been payable to the member had the division of the account not occurred and (2) the allowance payable to the nonmember on either (A) the effective date of the nonmember’s retirement, or (B) if the nonmember has not retired on or before the member’s effective date of retirement, the date the nonmember would have attained the age of 50 years, for service subject to Sections 21362.2, 21363.3, 21363.4, and 21363.8, and the date the nonmember would have attained the age of 55 years, or the nonmember’s actual age if older than the age of 55 years on the effective date of the member’s retirement, for all other service.

(b) If the nonmember retires prior to the effective date of the member’s retirement, an actuarial adjustment shall also be made to the member’s allowance to account for the benefits received by the nonmember spouse prior to the member’s effective date of retirement.

(c) In no event may the member’s retirement allowance payable under this section be less than the allowance that would otherwise be payable under this part.

(Amended by Stats. 2004, Ch. 231, Sec. 3. Effective January 1, 2005.)