When a marital dissolution action has been filed, the member and/or other parties involved should notify StanCERA immediately in writing.  The nonmember has an interest in the member’s retirement account if he/she was married to a StanCERA member while the member worked for Stanislaus County*.  To protect the nonmember’s interest in the plan, StanCERA should be notified in writing that the nonmember is asserting a claim for community property interest in the member’s benefit.

 

Additionally, StanCERA requires that it be joined as a party to the dissolution proceeding pursuant to Sections 2060-2065 of the California Family Code.

 

When StanCERA first receives notice of a pending dissolution, legal separation or is served with a joinder, and the member has not retired, the pending dissolution is noted in the member’s account.  StanCERA is unable to distribute any payments from the member’s account until the legal separation or dissolution is resolved, StanCERA has been notified by joinder and the member has retired.

 

If the joinder is withdrawn, written notice is required.  The joinder of StanCERA can be released only with a court-approved Petition to Dismiss or, in the case of reconciliation, a copy of the court order that dismisses the legal separation or dissolution case.

 

 

*For purposes of this booklet, "Stanislaus County" includes all participating employers who use StanCERA for retirement benefit administration.