FREQUENTLY ASKED QUESTIONS

Can StanCERA provide a statement of the value of the member's pension?

No. StanCERA cannot provide the accrued pension benefit or the value of the plan.

This is a decision that only you can make.

If the parties reconcile after StanCERA is joined but before the final judgment of dissolution has been entered, a request for dismissal of the case may be filed with the court. A conformed (signed by the judge) copy of the court order showing the case was dismissed must be submitted to StanCERA.

StanCERA is a statutory entity created under California law, commencing at Government Code Section 31450 et seq. Other state courts may lack jurisdiction.


How does a marital dissolution affect my participation in the deferred compensation plans?

A joinder of StanCERA does not result in a joinder of the your employer's deferred compensation plans. Contact your deferred compensation plan for additional information.

My final dissolution documents state that my pension is to be divided and that the court will retain jurisdiction. Do I need anything else?

Yes. A separate DRO that specifically addresses the division of your StanCERA pension is required. StanCERA cannot process your retirement until it receives this separate legal order.

Are pension benefits always divided 50-50?

Not necessarily. Typically, a pension is divided 50-50 but not always. For example, the member could be given 75% of the community interest in the pension with the nonmember getting 25% of the pension plus other community assets equalizing his/her share (car, house, etc). It is up to the parties (or the court) to decide how the community interest in the pension is to be divided.

What happens if a member is divorced and is granted disability retirement?

If the member is granted a service-connected disability retirement, the member's account is still divided due to a marital dissolution the same as it is for a service retirement.

The nonmember will not be granted a disability retirement. Remember that combined benefit payments to both the member and nonmember cannot exceed the amount that would otherwise have been paid to the member alone. This may result in a reduction of the retirement benefit to both the member and nonmember.

What happens if the member remarries?

Once the benefit was permanently divided, the member's account has already been reduced and the benefits to the nonmember will not be affected.

What happens if the nonmember remarries?

If the nonmember remarries, the retirement benefit is not affected under terms of the retirement law.