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HomeGovernment CodeDiv. 5Pt. 3Ch. 14Art. 1§ 21490 Beneficiary Designation Rules

§ 21490 Beneficiary Designation Rules

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

§ 21490 Beneficiary Designation Rules

Key Takeaways

  • •You can pick who gets your retirement money after you die by filling out a form.
  • •If you're married, you can't cut out your spouse's share unless a court says it's okay.
  • •If you're not married but have kids under 18, you can't leave them out of your retirement money.
  • •The retirement system decides who gets the money, and once they pay, they're done—no take-backs.

Example

A married person tries to leave all their retirement money to their sibling instead of their spouse.

The law says you can't do that unless a court has already said it's okay. If you try, your spouse can still claim their share because the money earned during marriage belongs to both of you.

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

Official Source
View on CA.gov

§ 21490 Beneficiary Designation Rules

(a) Except as provided in subdivision (b), a member may at any time, including, but not limited to, at any time after reaching retirement age, designate a beneficiary to receive the benefits as may be payable to his or her beneficiary or estate under this part, by a writing filed with the board. (b) (1) No designation may be made in derogation of the community property share of any nonmember spouse when any benefit is derived, in whole or in part, from community property contributions or service credited during the period of marriage, unless the nonmember spouse has previously obtained an alternative order for division pursuant to Section 2610 of the Family Code. (2) No designation may be made by an unmarried member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death if that designation is in derogation of the rights of the member’s unmarried, dependent children who are under the age of 18 years at the time of the member’s death. (c) The designation, subject to conditions imposed by board rule, may be by class, in which case the members of the class at the time of the member’s death shall be entitled as beneficiaries. The designation shall also be subject to the board’s conclusive determination, upon evidence satisfactory to it, of the existence, identity or other facts relating to entitlement of any person designated as beneficiary, and payment made by this system in reliance on any determination made in good faith, notwithstanding that it may not have discovered a beneficiary otherwise entitled to share in the benefit, shall constitute a complete discharge and release of this system for further liability for the benefit. (Amended by Stats. 2000, Ch. 1002, Sec. 7. Effective January 1, 2001.)

Last verified: January 22, 2026

Related Statutes

  • § 21491 Survivor Beneficiary Designation Rules
  • § 21492 Beneficiary Designation Revocation
  • § 21493 Survivor Payment Order
  • § 21494 Estate Beneficiary Payment Rules
  • § 21495 Beneficiary Payment Priority Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21490.
View Official Source