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HomeEducation CodeDiv. 1Pt. 14Ch. 15§ 27410 Nonparticipant Spouse Beneficiary Rights

§ 27410 Nonparticipant Spouse Beneficiary Rights

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 27410 Nonparticipant Spouse Beneficiary Rights

Key Takeaways

  • •If a spouse gets their own separate retirement accounts in a divorce, they can choose who gets the money if they die.
  • •The spouse with the separate accounts can't pick a joint retirement plan that keeps paying the other spouse after they die.
  • •This rule only applies to the separate accounts given to the non-working spouse, not the whole retirement plan.

Example

A couple gets divorced, and the wife gets her own separate retirement accounts from her husband's work plan.

The wife can decide to leave her separate retirement money to her kids if she dies, but she can't choose a plan that keeps paying her ex-husband after she's gone.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 27410 Nonparticipant Spouse Beneficiary Rights

(a) The nonparticipant spouse who is awarded separate nominal accounts shall have the right to designate, pursuant to Sections 27100 to 27102, inclusive, a beneficiary or beneficiaries to receive the amounts credited to the separate nominal accounts of the nonparticipant spouse on his or her date of death, and any annuity attributable to the separate nominal accounts which is unpaid on the date of the death of the nonparticipant spouse. (b) This section shall not be construed to provide the nonparticipant spouse with any right to elect a joint and survivor annuity pursuant to paragraphs (3) and (4) of subdivision (b) of Section 26807 or subdivision (a) of Section 26807.5. (Amended by Stats. 2006, Ch. 655, Sec. 82. Effective January 1, 2007.)

Last verified: January 23, 2026

Key Terms

nonparticipant spouseseparate nominal accountsbeneficiaryjoint and survivor annuity

Related Statutes

  • § 27403 Nonparticipant Spouse Benefits
  • § 27404 Nonparticipant Spouse Benefit Rights
  • § 27406 Nonparticipant Spouse Lump-Sum Distribution
  • § 27409 Spouse Annuity Information Requirements
  • § 27401 Nonparticipant Spouse Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 27410.
View Official Source