SONOMA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION



SONOMA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION

(SCERA)

DISSOLUTION OF MARRIAGE GUIDELINES

TABLE OF CONTENTS

Page

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|Vital Information |1 |

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|Joinder is Mandatory |1 |

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|Authority |2 |

| | |

|Subpoenas |2 |

| | |

|Releases |2 |

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|Guidelines are Not Mandatory |2 |

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|Sample Orders | |

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|Sample Order A - Dissolution Prior to Retirement |3 |

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|Sample Order B - Dissolution After Retirement |11 |

|Authorization to Release Information to Legal Representative |18 |

|Authorization to Release Information |19 |

|Death and Survivor Benefits Available Under County Employees Retirement Law of 1937 |20 |

Vital Information

Please refer to the Sonoma County Employees' Retirement Association's (SCERA) Retirement Plan Summary Booklet. It describes SCERA's benefit programs and includes instructions on how to estimate your SCERA retirement benefit. The information is also available on our website at services.htm.

Once you have reviewed the information on the booklet, we will be happy to answer any questions you may have. We suggest that you contact SCERA for assistance early in the process. SCERA staff can provide you and your attorneys with certain information regarding your retirement benefits.

Joinder is Mandatory

The Sonoma County Employees' Retirement Association must be joined as a party to the proceedings in order for SCERA to comply with a Domestic Relations Order (DRO).

The Court is prohibited from imposing a DRO on SCERA to pay benefits with a total value that would exceed the value the Member would have received if the DRO had not been issued.

SCERA's Counsel should review the draft DRO before its submission to the Court to avoid delay of receipt of retirement benefits or additional costs to bring the DRO in compliance with the law.

SCERA is not subject to ERISA, or any other provisions of law applicable to Qualified Domestic Relations Orders (QDROs).

SCERA does not administer the Sonoma County's 457 Deferred Compensation Plan or 401(k) plan. Contact the Sonoma County Deferred Compensation Office at (707) 565-3221.

SCERA is not subject to the provisions of Article 8.4 of the County Employees' Retirement Law of 1937 (which begins at Section 31685 of the California Government Code). Article 8.4, which provides for the division of the community property interests, has not been adopted in Sonoma County. In other words, the accounts cannot be split. Therefore, the non-member spouse cannot receive any funds from SCERA until the member retires.

Authority

These Guidelines provide for the division of the community property interest of SCERA members in accordance with the provisions of a court order setting forth the terms and conditions of the dissolution of a member's marriage issued pursuant to the Family Code and applicable case law.

Subpoenas

Because of Government Code section 31532, SCERA will not honor any subpoena for information regarding a member, unless the subpoena is signed by a judge of a court of competent jurisdiction. Please note, pursuant to Government Code section 31532, SCERA cannot honor a subpoena signed by an attorney or a party in pro per.

Releases

Also pursuant to section 31532, the member must submit a signed, dated and witnessed release authorizing release of retirement file information to his/her attorney and/or nonmember spouse’s attorney or any other party (e.g., economist/actuary, etc.) Form releases are attached.

Guidelines are Not Mandatory

Members and Nonmembers are not mandated to use the proposed orders in these Guidelines. These Guidelines are intended to provide the parties with reasonable flexibility, while facilitating the drafting of DROs which can be uniformly implemented by the SCERA Administrator. However, SCERA cannot comply with an order that is not consistent with the law. Please review the attached Death and Survivor Benefits Available Under County Employees Retirement Law of 1937 listed after the Sample DROs. This was compiled to explain the different options available if the Participant dies while employed or if the Participant dies after retirement.

For additional information Contact:

Helen Olson, Benefits Coordinator

SCERA

433 Aviation Blvd., Suite 100

Santa Rosa, CA 95403

(707) 565-8100

SONOMA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

MODEL DOMESTIC RELATIONS ORDER A

Applicable to a Dissolution of Marriage

For an Active Member Prior to Retirement

CAUTION: You are hereby advised to seek competent legal counsel.

The disposition of retirement benefits in domestic relations proceedings involves complex marital and tax issues.

The Sonoma County Employees' Retirement Association, its agents and consultants are not authorized to give legal advice and, therefore, make no representation as to the sufficiency of the model orders herein under applicable federal or state law or as to legal consequences.

[Name of Counsel]

[Address of Counsel]

[City, State]

[Phone Number]

ATTORNEY FOR [Petitioner/Respondent]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SONOMA

In Re the Marriage of Case No.___________

Petitioner: ___________________ MODEL ORDER A

Active Member

and Dissolution Prior

To Retirement

Respondent: _________________

Petitioner, _______________, and Respondent, ______________, and the Sonoma County Employees' Retirement Association (SCERA) hereby stipulate as follows:

RECITALS

1. Petitioner and Respondent were married to each other on ____________. They separated on _______________, and this Court entered a judgment of dissolution in the action on ________________.

2. This Court has personal jurisdiction over both Petitioner and Respondent and jurisdiction over the subject matter of this Order and the dissolution of marriage action.

3. SCERA was properly joined as a party to the Petitioner and Respondent's dissolution of marriage action pursuant to sections 2060 through 2065 of the Family Code.

STIPULATION

This Order is acceptable under the County Employees Retirement Law of 1937 (the '37 Act), which is set forth at section 31450 et seq., of the Government Code. SCERA is a "governmental plan" as defined by 29 U.S.C. section 1002(32), and is therefore statutorily exempt from the provisions of Employee Retirement Income Security Act (ERISA) 29 U.S.C. section 1001, et seq., as amended by the Retirement Equity Act of 1984 (REA) which govern "Qualified Domestic Relations Orders" (QDRO's). See 29 U.S.C. section 1003(b)(1). Therefore, any order directed to it in the instant case should not be referred to as a "Qualified Domestic Relations Order", nor should it require SCERA to comply with any provisions of ERISA or REA, or any other provisions of law applicable to Qualified Domestic Relations Orders generally.

1. This Order is entered pursuant to the California Family Code.

2. [Respondent or Petitioner] (Member) and [Respondent or Petitioner] (Nonmember) have acquired a community interest in Member's monthly retirement benefits and death benefits attributable to periods of service in SCERA from the Date of Marriage up to the Date of Separation.

3. Member shall notify Nonmember at least sixty (60) days prior to making any elections or choices or taking any other actions which in any way would serve to amend, compromise, perfect, or alter Nonmember's rights in and/or to the Plan benefits. For good cause shown on noticed motion, the Court may shorten the above time. Member is solely responsible for notifying Nonmember before making any election under the Plan. Failure of Member to give such notice shall not affect or modify SCERA’s obligations under the Plan.

4. Calculation of Nonmember's Interest: The community interest in the benefits payable by SCERA and the Plan shall be awarded one-half to each party. The community interest will be that fraction, the numerator of which is the number of months of Member’s service between the date of marriage and the date of separation, and the denominator of which is the number of months of Member’s total service, multiplied by the amount of the Plan benefit. SCERA will pay each party’s respective share of the Plan benefits directly to that party by separate warrant. If for whatever reason, Nonmember’s share of the Plan benefits is paid to Member, then Member shall hold such funds as trustee for Nonmember, and Member shall be solely responsible for paying to Nonmember the amount of Nonmember’s share of the Plan Benefit to which Nonmember is entitled under the terms of this Order.

5. Purchases to service attributed to marriage: When there are purchases or redeposits made during community property time, the numerator of the fraction described in Paragraph 4 will include the corresponding credited service to the extent attributable to the period between the date of marriage and the date of separation.

6. Commencement of Benefits to the Nonmember: Payments to Nonmember shall be made at the same time that such benefits are actually paid to Member in accordance with In re Marriage of Jensen (1991) 255 Cal.App.3d 1137. SCERA will make direct payment of each party's share of said retirement benefit, by separate check, warrant, or electronic fund transfer, to Member and Nonmember respectively.

7. Death of Nonmember: If Nonmember dies before Member, any retirement benefits which would have been paid by SCERA to Nonmember, if Nonmember were still alive will be paid instead to Nonmember's estate, pursuant to Powers v. Powers (1990) 218 Cal.App.3d 626. Nonmember may designate a beneficiary to receive such benefits, pursuant to Government Code section 31458.4.

8. Death of Member Before Retirement: The community interest in any survivor benefits or death benefits that may become payable under the 1937 Act and the Plan shall be determined according to the formula set forth in paragraph 4.

[NOTE POST-RETIREMENT DEATH: At the time of retirement the member must elect either an “Unmodified” retirement allowance or one of the optional retirement settlements provided for in Government Code sections 31761-31763. That election will affect the amount of the monthly benefit the member will receive during her/his lifetime and whether there will be any form of survivor benefit payable following the death of the member. In general, the Unmodified allowance provides for the highest possible monthly retirement benefit during the life of the member and for the possibility of the payment of a survivor annuity to an eligible surviving spouse.]

9. Death of Member After Retirement: At the time Member retires, he/she shall elect the Unmodified retirement allowance pursuant to Government Code section 31760.1. If the Member leaves a “surviving spouse” who is eligible to receive a monthly survivor’s allowance (continuance) pursuant to the terms of the Plan, Nonmember shall be entitled to a pro-rata portion of such survivor’s allowance (continuance), and the amount of that portion shall be calculated pursuant to the formula set forth in paragraph 4 above.

ALTERNATIVES: OPTIONAL SETTLEMENT 2:

9[A]. At the time Member retires, he/she shall elect "Optional Settlement 2" pursuant to Government Code section 31762 with SCERA, and shall nominate Nonmember as his/her sole beneficiary. Pursuant to this option, if Member predeceases Nonmember, Nonmember will receive, for the remainder of his/her lifetime, a continuance of the retirement benefit received by the Member. Under this optional settlement, the right of Nonmember to receive a continuance allowance, after the death of Member, exists only for the lifetime of the Nonmember, and after the death of Nonmember, no further payment will be made to the estate or beneficiary of Nonmember. If Nonmember dies before the Member retires, Member need not select an optional settlement and may make any election provided for by the Plan.

9[B]. At the time Member retires, he/she shall elect “Optional Settlement 2” pursuant to Government Code section 31762 and may designate a beneficiary of Member’s choosing. Nonmember shall be entitled to a pro-rata portion of the continuance paid pursuant to Member’s election, and the amount of that portion shall be calculated pursuant to the formula set forth in paragraph 4 above.

ALTERNATIVES: OPTIONAL SETTLEMENT 3:

9[C]. At the time Member retires, he/she shall elect "Optional Settlement 3" pursuant to Government Code section 31763 and shall nominate Nonmember as his/her sole beneficiary. Pursuant to this option, if Member predeceases Nonmember, Nonmember will receive, for the remainder of his/her lifetime, a continuance allowance equal to 50% of the total retirement benefit received by the Member. Under this optional settlement, the right of Nonmember to receive a continuance allowance, after the death of Member, exists only for the lifetime of the Nonmember, and after the death of Nonmember, no further payment will be made to the estate or beneficiary of Nonmember. If Nonmember dies before the Member retires, Member need not select an optional settlement and may make any election provided for by the Plan.

9[D]. At the time Member retires, he/she shall elect “Optional Settlement 3” pursuant to Government Code section 31763 and may designate a beneficiary of Member’s choosing. Nonmember shall be entitled to a pro-rata portion of the continuance paid pursuant to Member’s election, and the amount of that portion shall be calculated pursuant to the formula set forth in paragraph 4 above.

[ADDITIONAL ALTERNATIVES: TO BE DETERMINED FOLLOWING DISCUSSION WITH SCERA]

10. Member and Nonmember shall be responsible for filing a Designation of Beneficiary form with the SCERA Administrator.

11. In the event SCERA inadvertently or otherwise pays to Member or Member's survivor any benefits that are assigned to Nonmember hereunder, Member or Member's survivor shall be deemed a constructive trustee of said amounts. In the event SCERA inadvertently or otherwise pays to Nonmember or Nonmember's survivor any benefits that are assigned to Member hereunder, Nonmember or Nonmember's survivor shall be deemed a constructive trustee of said amounts.

12. If Member withdraws his/her accumulated contributions, Nonmember shall be entitled to receive, at the time Member receives his/her accumulated contributions, Nonmember's community property share of the accumulated contributions.

13. Member and Nonmember shall sign all forms, letters and other documents as required to effect the distribution(s) described herein and the intent of this Order.

14. In the event that SCERA does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to SCERA.

15. Nothing contained in this Order shall be construed to require SCERA:

(a) To provide to Nonmember any type or form of benefit or any option not otherwise available to Member under the Plan;

(b) To provide to Nonmember increased benefits (as determined based on actuarial value) not available to Member;

(c) To pay any benefits to Nonmember which are required to be paid to another nonmember spouse under court order;

(d) To provide payment to the Nonmember of benefits forfeited by the Member;

(e) To change the benefit election of Member once Member has retired.

16. The Court reserves jurisdiction to enforce, revise, modify or amend this Order, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require SCERA to provide any form or amount of benefits not otherwise provided by SCERA.

17. Member's Name: For purposes of making any benefit payments provided by the terms of this Order or providing any notice required by the terms of this Order, Member's name, current mailing address, telephone number, date of birth are listed below (Social Security numbers will be submitted separately to SCERA):

Name: _______________________________

Address: _______________________________

_______________________________

Telephone No. _______________________________

Date of Birth: _______________________________

18. Nonmember's Name: For purposes of making any benefit payments provided by the terms of this Order or providing any notice required by the terms of this Order, Nonmember's name, current mailing address, telephone number, and date of birth are listed below (Social Security numbers will be submitted separately to SCERA):

Name: _______________________________

Address: _______________________________

_______________________________

Telephone No. _______________________________

Date of Birth: _______________________________

19. It is the responsibility of Member and Nonmember to keep SCERA informed of current addresses. Notice of change of address or telephone number shall be made in writing to SCERA addressed as follows, or as the Administrator may specify in a written response to Member and Nonmember:

Sonoma County Employees' Retirement Association

433 Aviation Blvd., Suite 100

Santa Rosa, CA 95403

20. Member, Nonmember, the SCERA Administrator, and the Court intend that this Order meet all requirements of a domestic relations order under the '37 Act and the Regulations of SCERA and other laws of the State of California, and the Court shall reserve jurisdiction to modify this Order and to resolve any disputes that may arise among the parties and the Administrator concerning benefit payments or any other aspect of this Order. If any portion of this Order is rendered invalid or otherwise unenforceable, the Court reserves jurisdiction to make an appropriate adjustment to effectuate the intent of the parties. Any future fees, taxes, and/or penalties will be assessed against the parties who then have an interest payable from SCERA.

21. Gilmore Rights: Member acknowledges that Nonmember has the right to request that upon the date of Member’s eligibility to retire, he shall pay to Nonmember the monthly amount Nonmember would have received if Member had in fact retired on that date. Nonmember shall give Member written notice of Nonmember’s election to receive such payments from Member.

22. Benefit Increases: Nonmember shall be entitled to receive one-half of any and all increases, including but not limited to cost-of-living increases, in any benefits payable to Member under the Plan which are attributable to the community portion of such benefit payments.

23. Tax Responsibility: Each party shall be individually responsible for any and all federal and/or state tax liability arising from or relating to payments made separately to them by SCERA and the Plan of retirement benefits pursuant to this Order. Member and Nonmember shall indemnify each other for any federal and/or state income tax liability arising out of distribution of SCERA and the Plan of benefits awarded to any received by the indemnifying party under this Order whether such benefits are received directly from the Plan or through the other party.

24. Fees: Attorneys fees or costs will not be sought against Claimant or the Plan in accordance with Family Code section 2030, and the parties agree that Claimant is a “governmental entity” for purposes of that section.

IT IS SO STIPULATED:

Dated: _________________ _________________________

[Name]

Petitioner

Dated: _________________ _________________________

[Name] Attorney for Petitioner

Dated: _________________ _________________________

[Name]

Respondent

Dated: _________________ _________________________

[Name]

Attorney for Respondent

Dated: _________________ _________________________

[Name]

Attorney for Sonoma County

Employees' Retirement Association

ORDER

The parties having stipulated and good cause appearing.

IT IS SO ORDERED.

Dated: ___________________ _________________________________

JUDGE OF THE SUPERIOR COURT

SONOMA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

MODEL DOMESTIC RELATIONS ORDER B

Applicable to a Dissolution of Marriage

After Member Retired

CAUTION: You are hereby advised to seek competent legal counsel.

The disposition of retirement benefits in domestic relations proceedings involves complex marital and tax issues.

The Sonoma County Employees' Retirement Association, its agents and consultants are not authorized to give legal advice and, therefore, make no representation as to the sufficiency of the model orders herein under applicable federal or state law or as to legal consequences.

[Name of Counsel]

[Address of Counsel]

[City, State]

[Phone Number]

ATTORNEY FOR [Petitioner/Respondent]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SONOMA

In Re the Marriage of Case No.___________

Petitioner: ___________________ MODEL ORDER B

Dissolution After

and Member Retired

Respondent: _________________

Petitioner, _______________, and Respondent, ______________, and the Sonoma County Employees' Retirement Association (SCERA) hereby stipulate as follows:

RECITALS

1. Petitioner and Respondent were married to each other on ____________. They separated on _______________, and this Court entered a judgment of dissolution in the action on ________________.

2. This Court has personal jurisdiction over both Petitioner and Respondent and jurisdiction over the subject matter of this Order and the dissolution of marriage action.

3. SCERA was properly joined as a party to the Petitioner and Respondent's dissolution of marriage action pursuant to sections 2060 through 2065 of the Family Code.

STIPULATION

This Order is acceptable under the County Employees Retirement Law of 1937 (the '37 Act), which is set forth at section 31450 et seq., of the Government Code. SCERA is a "governmental plan" as defined by 29 U.S.C. section 1002(32), and is therefore statutorily exempt from the provisions of Employee Retirement Income Security Act (ERISA) 29 U.S.C. section 1001, et seq., as amended by the Retirement Equity Act of 1984 (REA) which govern "Qualified Domestic Relations Orders" (QDRO's). See 29 U.S.C. section 1003(b)(1). Therefore, any order directed to it in the instant case should not be referred to as a "Qualified Domestic Relations Order", nor should it require SCERA to comply with any provisions of ERISA or REA, or any other provisions of law applicable to Qualified Domestic Relations Orders generally.

1. This Order is entered pursuant to the Family Code.

2. [Respondent or Petitioner] (Member) and [Respondent or Petitioner] (Nonmember) have acquired a community interest in the Member's monthly retirement benefits attributable to periods of service in SCERA from the Date of Marriage up to the Date of Separation.

3. Member is currently receiving SCERA retirement benefits of $_______ a month, under the settlement option set forth in Government Code section [#]. Upon dissolution of marriage, Nonmember ceases to qualify for unmodified survivor benefits pursuant to section 31760.1 of the Government Code or for death benefits under Government Code sections 31765, 31765.1, or 31786.

4. Calculation of Nonmember's Interest: The community interest in the benefits payable by SCERA and the Plan shall be awarded one-half to each party. The community interest will be that fraction, the numerator of which is the number of months of Member’s service between the date of marriage and the date of separation, and the denominator of which is the number of months of Member’s total service, multiplied by the amount of the Plan benefit. SCERA will pay each party’s respective share of the Plan benefits directly to that party by separate warrant. If for whatever reason, Nonmember’s share of the Plan benefits is paid to Member, then Member shall hold such funds as trustee for Nonmember, and Member shall be solely responsible for paying to Nonmember the amount of Nonmember’s share of the Plan Benefit to which Nonmember is entitled under the terms of this Order

Nonmember's community property share of Member's retirement benefits shall terminate upon the death of Member.

5. Commencement of Benefits to the Nonmember: Payments to Nonmember shall be made at the same time that such benefits are actually paid to Member in accordance with In re Marriage of Jensen (1991) 255 Cal.App.3d 1137. SCERA will make direct payment of each party's share of said retirement benefit, by separate check, warrant, or electronic fund transfer, to Member and Nonmember respectively.

6. Death of Nonmember: If Nonmember dies before Member, any retirement benefits which would have been paid by SCERA to Nonmember, if Nonmember were still alive will be paid instead to Nonmember's estate, pursuant to Powers v. Powers (1990) 218 Cal.App.3d 626. Nonmember may designate a beneficiary to receive such benefits, pursuant to Government Code section 31458.4.

7. Death of Member After Retirement: The community interest in any survivor benefits or death benefits that may become payable under the 1937 Act and the Plan shall be determined according to the formula set forth in paragraph 4.

8. Member and Nonmember shall be responsible for filing a Designation of Beneficiary form with the SCERA Administrator.

9. In the event SCERA inadvertently or otherwise pays to Member or Member's survivor any benefits that are assigned to Nonmember hereunder, Member or Member's survivor shall be deemed a constructive trustee of said amounts. In the event SCERA inadvertently or otherwise pays to Nonmember or Nonmember's survivor any benefits that are assigned to Member hereunder, Nonmember or Nonmember's survivor shall be deemed a constructive trustee of said amounts.

10. Member and Nonmember shall sign all forms, letters and other documents as required to effect the distribution(s) described herein and the intent of this Order.

11. In the event that SCERA does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to SCERA.

12. Nothing contained in this Order shall be construed to require SCERA:

(a) To provide to Nonmember any type or form of benefit or any option not otherwise available to Member under the Plan;

(b) To provide to Nonmember increased benefits (as determined based on actuarial value) not available to Member;

(c) To pay any benefits to Nonmember which are required to be paid to another non-member spouse under court order;

(d) To provide payment to the Nonmember of benefits forfeited by the Member;

(e) To change the benefit election of the member once the Member has retired.

13. The Court reserves jurisdiction to enforce, revise, modify or amend this Order, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require SCERA to provide any form or amount of benefits not otherwise provided by SCERA.

14. Member's Name: For purposes of making any benefit payments provided by the terms of this Order or providing any notice required by the terms of this Order, Member's name, current mailing address, telephone number, and date of birth are as follows (Social Security numbers will be submitted separately to SCERA):

Name: ______________________________

Address: ______________________________

______________________________

Telephone No. ______________________________

Date of Birth: ______________________________

15. Nonmember's Name: For purposes of making any benefit payments provided by the terms of this Order or providing any notice required by the terms of this Order, Nonmember's name, current mailing address, telephone number, and date of birth are as follows (Social Security numbers will be submitted separately to SCERA):

Name: _______________________________

Address: _______________________________

_______________________________

Telephone No. _______________________________

Date of Birth: _______________________________

16. Notice of change of address or telephone number shall be made in writing to SCERA addressed as follows, or as the Administrator may specify in a written response to Member and Nonmember:

Sonoma County Employees' Retirement Association

433 Aviation Blvd., Suite 100

Santa Rosa, CA 95403

17. Member, Nonmember, the SCERA Administrator, and the Court intend that this Order meet all requirements of a domestic relations order under the '37 Act and the Regulations of SCERA and other laws of the State of California, and the Court shall reserve jurisdiction to modify this Order and to resolve any disputes that may arise among the parties and the Administrator concerning benefit payments or any other aspect of this Order. If any portion of this Order is rendered invalid or otherwise unenforceable, the Court reserves jurisdiction to make an appropriate adjustment to effectuate the intent of the parties. Any future fees, taxes, and/or penalties will be assessed against the parties who then have an interest payable from SCERA.

18. Benefit Increases: Nonmember shall be entitled to receive one-half of any and all increases, including but not limited to cost-of-living increases, in any benefits payable to Member under the Plan which are attributable to the community portion of such benefit payments.

19. Tax Responsibility: Each party shall be individually responsible for any and all federal and/or state tax liability arising from or relating to payments made separately to them by SCERA and the Plan of retirement benefits pursuant to this Order. Member and Nonmember shall indemnify each other for any federal and/or state income tax liability arising out of distribution of SCERA and the Plan of benefits awarded to any received by the indemnifying party under this Order whether such benefits are received directly from the Plan or through the other party.

20. Fees: Attorneys fees or costs will not be sought against Claimant or the Plan in accordance with Family Code section 2030, and the parties agree that Claimant is a “governmental entity” for purposes of that section.

IT IS SO STIPULATED:

Dated: _________________ _________________________

[Name]

Petitioner

Dated: _________________ _________________________

[Name] Attorney for Petitioner

Dated: _________________ _________________________

[Name]

Respondent

Dated: _________________ _________________________

[Name]

Attorney for Respondent

Dated: _________________ _________________________

[Name]

Attorney for Sonoma County

Employees' Retirement Association

ORDER

The parties having stipulated and good cause appearing.

IT IS SO ORDERED.

Dated: ___________________ _______________________________

JUDGE OF THE SUPERIOR COURT

Authorization to Release Information to Legal Representative

Sonoma County Employees’ Retirement Association

433 Aviation Boulevard, Suite 100, Santa Rosa, CA 95403

Tel: (707) 565-8100 / Fax: (707) 565-8102



I, the undersigned, hereby authorize the Sonoma County Employees’ Retirement Association to release information from my retirement file with the Sonoma County Employees’ Retirement Association to my legal representative.

Name of Legal Representative Phone Number

Street City Zip

I acknowledge that this authorization shall remain valid until revoked by me in writing and that I may receive a copy of this authorization at any time and that a photocopy hereof shall be as valid as the original.

NOTE: Signature MUST be witnessed on SAME DATE.

SCERA Member Name (Please print)

SCERA Member Signature Date Signed

Witness (must be over 18 years old and not beneficiary) Date Signed

Authorization to Release Information

Sonoma County Employees’ Retirement Association

433 Aviation Boulevard, Suite 100, Santa Rosa, CA 95403

Tel: (707) 565-8100 / Fax: (707) 565-8102



I, the undersigned, hereby authorize the Sonoma County Employees’ Retirement Association to release any information requested from my retirement file with the Sonoma County Employees’ Retirement Association to the following:

Name (Please print) Phone Number

Street City Zip

I acknowledge that this authorization shall remain valid until revoked by me in writing and that I may receive a copy of this authorization at any time and that a photocopy hereof shall be as valid as the original.

SCERA Member Name (Please print)

SCERA Member Signature Date Signed

Witness (must be over 18 years old and not beneficiary) Date Signed

DEATH AND SURVIVOR BENEFITS AVAILABLE UNDER

COUNTY EMPLOYEES RETIREMENT LAW OF 1937

(A Summary)

I. IF A PARTICIPANT DIES WHILE EMPLOYED (other than a job-related death):

A. If the participant has less than 5 years of service, the only death benefit available is a lump sum payment to the participant’s designated beneficiary. This lump sum consists of the participant’s total employee contributions to the Retirement System plus interest thereon, plus an additional lump sum payment equal to one month’s salary (based on average pay for last year) for each full year of service completed by the participant.

B. If the participant has at least 5 years of service and has an eligible surviving spouse, the surviving spouse has the following options:

(1) If the surviving spouse is also the participant’s designated beneficiary, the surviving spouse may elect the lump sum death benefit calculated under GC §31781, which consists of the participant’s accumulated employee contributions to the Retirement System and interest thereon, plus an additional lump sum payment equal to one month’s salary (based on average pay for last year) for each full year of service by the participant, up to a maximum of 6 months’ salary.

(2) Or, the surviving spouse may elect a lifetime monthly allowance, equal to 60 percent of what the participant would have received if the participant had retired on a disability retirement (non-service connected) on the date of his or her death. GC §31781.1. The right of a surviving spouse (if there is one) to elect this option is not dependent on having been designated as the participant’s beneficiary, and it will supersede the rights of any designated beneficiary. GC §31781.1.

(3) Or, the surviving spouse may elect a combination of a lump sum payment and monthly allowance pursuant to GC §31781.3. The lump sum is one month’s salary for each full year of service by the participant, up to a maximum of 6 months’ salary. The monthly allowance is actuarially calculated, based on the life expectancy of the surviving spouse.

The Right of a surviving spouse of a deceased employee to elect either the monthly benefit under §31781.1 or the combination benefit under §31781.3 is not dependent on having been named as beneficiary, and it will supersede the rights and claims of any beneficiary so designated. See Fatemi v. Los Angeles County Employees’ Retirement Association (1994) 21 Cal.App.4th 1797.

Death and Survivor Benefits

Page 2

C. If the employee dies and does not leave a surviving spouse, the survivor benefit under GC §§ 31781.1 or 31781.3 may be payable to the employee’s surviving minor children, if any. But if the employee dies and leaves no surviving children, no benefit under either §31781.1 or §31781.3 will be payable to anyone. The only benefit payable under those circumstances is the lump sum amount calculated under §31781 (the employee’s contributions and interest plus one month’s salary for each full year of service up to a maximum of 6 months’ salary), which is paid to the employee’s designated beneficiary (or, if no beneficiary has been designated, to the employee’s estate).

NOTE: A former spouse cannot be considered a surviving spouse, and cannot claim a survivor’s allowance which, by law, can only be paid to an eligible surviving spouse. See, In Re Marriage of Cramer (1993) 20 Cal.App.4th 73. However, if the employee has remarried and does have an eligible surviving spouse at the time of the employee’s death, the former spouse may claim a pro-rata share of whatever survivor benefits the Retirement System is obligated to pay to the eligible surviving spouse. See, In Re Marriage of Carnall (1989) 216 Cal.App.3d 1010.

I. IF A PARTICIPANT DIES AFTER RETIREMENT (other than a participant who retired for job-related disability):

At the time of retirement, the participant must elect either an “unmodified” retirement allowance, or one of the “options” described in GC §§31760 through 31763.

A. The Unmodified Allowance.

If the participant elects an unmodified retirement allowance at the time of retirement, and thereafter dies and leaves an eligible surviving spouse, the eligible surviving spouse is entitled to a lifetime monthly benefit equal to 60 percent of the monthly amount the member has been receiving. GC §31760.1. An eligible surviving spouse is one who was married to the member for at least one year prior to retirement and is designated by the participant as his or her beneficiary. GC §31760.1. Also, under In Re Marriage of Cramer (1993) 20 Cal.App.4th 73, the surviving spouse must be married to the participant at the time of death. A former spouse may not be considered a “surviving spouse” even if they were married throughout the participant’s employment.

If the retiree elected an unmodified allowance and thereafter dies and does not have an eligible surviving spouse, a monthly allowance may be payable to the retiree’s surviving minor children, if any. GC §31760.1. If the retiree has not eligible surviving spouse or minor children, no monthly survivor’s allowance is payable to anyone. However, if the total monthly benefits paid to the retiree during the retiree’s lifetime do not equal his or her total employee contributions to the Retirement

Death and Survivor Benefits

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System, the balance of the employee’s contributions will be paid in a lump sum to the retiree’s designated beneficiary. GC §31760.1.

If the retiree dies and leaves an eligible surviving spouse who is entitled to a monthly allowance under §31760.1, a former spouse may be able to claim a pro-rata portion of the survivor’s allowance (based on the length of the marriage during the period of employment) pursuant to In Re Marriage of Carnall (1989) 216 Cal.App.3d 1010, and In Re Marriage of Becker (1984) 161 Cal.App.3d 65.

B. Optional Settlements (GC §§31761-31763).

At the time of retirement, a participant may elect an “optional settlement” (also known as a “joint and survivor annuity”) in lieu of the unmodified allowance. An optional settlement will provide a lifetime benefit to a designated beneficiary if the participant dies before the beneficiary. The beneficiary may be someone other than a spouse or minor child (but must be someone with an “insurable interest” in the life of the retiree). A former spouse may be the designated beneficiary. The participant’s retirement allowance will be actuarially reduced to fund the survivor benefit, which will be paid only if the participant predeceases the designated beneficiary. The amount of the actuarial reduction depends on the life expectancy of the designated beneficiary and the option selected. The beneficiary must be designated at the time of retirement, and the designation cannot thereafter be changed.

The most common options are:

▪ Optional Settlement 2 (GC §31762). Provides that upon the death of the retiree, the designated beneficiary will continue to receive a monthly benefit equal to 100 percent of the participant’s monthly retirement allowance.

▪ Optional Settlement 3 (GC §31763). Provides that upon the death of the retiree, the designated beneficiary will continue to receive a monthly benefit equal to 50 percent of the participant’s monthly retirement allowance.

If a participant elects one of the optional settlements upon retirement, no survivor benefits will be payable to a surviving spouse under GC §31760.1. Payment to the designated beneficiary is contingent on the beneficiary outliving the retiree. (Note: As long as the retiree remains alive and is receiving a monthly benefit, that benefit may be divided between the retiree and a former

spouse pursuant to a valid domestic relations order.)

Death and Survivor Benefits

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OTHER BENEFITS

A. If an active employee dies and the death arises out of and in the course of employment, additional death benefits may be available to eligible survivors. Also, if the employee is retired due to service-connected disability and dies after retirement, additional survivor’s benefits may be available to eligible survivors.

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