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Domestic Relation Orders

Stanislaus County Employees' Retirement Association (StanCERA) retirement benefits are generally payable only to members or their beneficiaries and cannot be paid to others. California state law recognizes an exception to this rule in the case of legal separation and dissolution of marriage. Because retirement benefits earned during marriage are considered community property assets, they must be considered in the property settlement agreement and are subject to disposition by the court.

Below are two instruction booklets, highlighting the following items.  In addition, forms and examples are available to assist members, nonmembers and their representatives in the allocation of a member's retirement benefit.

     - Notifying StanCERA of Pending Legal Separation or Marital Dissolution Action

     - Request for Confidential Member Information

     - Actuarial Valuation

     - Legal Requirements and Procedures

     - Joinder Requirements 

     - Domestic Relations Order Requirement

     - Information for Attorneys Drafting Domestic Relations Orders

     - Methods of Dividing Community Property - Method available to active and deferred members

 

Instruction Booklets

Dividing Community Property - Unmodified and Retiree Options  (most common)

Forms & Sample Orders

Sample Order Section 31760- Active Member

Sample Order Retired Member

Request for Change of Beneficiary

Request for Estimate/Statement of Account Due to Marital Dissolution

All parties are also encouraged to review the StanCERA Member Handbook, which describes the plan and various benefits available to the member.