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HomeGovernment CodeCh. 11Art. 2.5§ 75054 Nonmember Service Credit Purchase

§ 75054 Nonmember Service Credit Purchase

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

§ 75054 Nonmember Service Credit Purchase

Key Takeaways

  • •If a court says a nonmember spouse (someone not in the retirement plan) owns part of the retirement benefits, they can buy that part.
  • •The nonmember spouse can only buy the part the court says they own, not more.
  • •If the nonmember spouse wants to buy this part, they must pay for it before retiring.
  • •Once the nonmember spouse gets their money back from the retirement plan, they can’t buy any part of the benefits anymore.

Example

A couple gets divorced, and the court says the wife (who is not in the retirement plan) owns half of the husband’s retirement benefits.

The wife can choose to buy her half of the benefits, but she must pay for it before the husband retires. If she waits too long or gets her money back from the plan, she loses the chance to buy it.

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

Official Source
View on CA.gov

§ 75054 Nonmember Service Credit Purchase

(a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 75050. (b) The nonmember may purchase only that service credit which the court, pursuant to Section 75050 has determined to be the community property interest of the nonmember spouse. (c) If the nonmember elects to purchase service credit, he or she shall pay, prior to retirement the contributions and interest required. (d) The nonmember shall have no right to purchase service credit after the effective date of a refund of the accumulated contributions in the separate account of the nonmember. (e) The member has no right to purchase the community property interest of the nonmember in the service credit whether or not the nonmember elects to purchase the service credit. However, any service credit eligible for purchase that is not explicity awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (f) If the nonmember elected to purchase service credit upon retirement and has subsequently died, prior to completing the purchase, the board shall file a claim against the estate of the deceased to recover benefit payments which exceeded those for which payment was made. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)

Last verified: January 22, 2026

Key Terms

retirementjudgmentclaimspousepropertybenefitsdivorceport

Related Statutes

  • § 75053 Nonmember Retirement Contribution Redeposit
  • § 75059.1 Former Spouse Retirement Benefits
  • § 75071 Judicial Retirement Beneficiary Options
  • § 75055 Nonmember Retirement Eligibility
  • § 75059 Retirement Benefit Division Orders

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 75054.
View Official Source