A member’s election of disability or death benefit coverage shall meet all of the following requirements:
(a) The member is eligible to participate in the election pursuant to Section 23702.
(b) The election is filed on a form provided by the system.
(c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists:
(1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse.
(2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition.
(3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage.
(4) The member is not married.
(5) The current spouse has no identifiable community property interest in future benefits.
(d) The election document is signed and dated during the 180-day election period specified in Section 23701.
(e) The signatures of the member and the member’s spouse on the election document are witnessed by a third party who is at least 18 years of age.
(f) The election document is received in the system’s office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993.
(Amended by Stats. 1994, Ch. 933, Sec. 55. Effective September 28, 1994.)
Last modified: October 25, 2018