LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeGovernment CodeDiv. 5Pt. 3Ch. 13Art. 6§ 21459 Retirement Benefit Waiver Election

§ 21459 Retirement Benefit Waiver Election

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

§ 21459 Retirement Benefit Waiver Election

Key Takeaways

  • •If you choose retirement plan 2 or 3, you can decide to give up extra money you might get if your spouse dies or you divorce.
  • •This choice is permanent—you can't change your mind later.
  • •This rule only applies if you retired before January 1, 2018.

Example

A retired teacher chose plan 2 and decided to give up extra money if her husband died. Later, her husband passed away.

Because she gave up this benefit, she won’t get extra money in her retirement check, even though her husband died.

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

Official Source
View on CA.gov

§ 21459 Retirement Benefit Waiver Election

A member who elects to receive optional settlement 2 or 3 may concurrently and irrevocably elect to waive the provision for an increase to his or her allowance due to the death of his or her beneficiary, a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in this retirement system to the member, or in an annulment of the marriage in which a court confirms the annulment, or if the nonspouse beneficiary waives entitlement to this allowance and shall, instead, have his or her allowance based upon the waiver of this benefit. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2017, Ch. 241, Sec. 13. (SB 525) Effective January 1, 2018.)

Last verified: January 22, 2026

Key Terms

optional settlement 2 or 3waive the provisionincrease to his or her allowancedissolution of marriagelegal separationannulmentnonspouse beneficiary waives entitlement

Related Statutes

  • § 21454 Post-Divorce Retirement Benefit Modification
  • § 21473 Retirement Beneficiary Modification After Divorce
  • § 21290 Retirement Benefits In Divorce
  • § 21297 Nonmember Final Compensation Calculation
  • § 21463 Beneficiary Predecease Allowance Adjustment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21459.
View Official Source