Pursuant to California law, if you are a member of MercedCERA
while you are married or in a registered domestic partnership,
your retirement benefits may be considered community property and
your spouse/partner may be entitled to an interest in the
community property portion of your retirement benefit.
Upon a dissolution filing, it is essential that you notify
MercedCERA as soon as possible. If not, you could face long
delays in the payment of your future or current retirement
benefits, including contribution refunds, upon termination of
employment.
Joinder & Domestic Relations Order (DRO)
Whether active or retired, if any portion of your benefit is
awarded to your ex-spouse, a Joinder must be filed. A Joinder is
a legal document that joins MercedCERA as a party to the
proceedings. A Domestic Relations Order (DRO) is also needed. A
joinder must be filed with a Superior Court and served to
MercedCERA. A DRO explains in detail many issues, including who
is entitled to a benefit, and when they are entitled to receive
it.
As soon as possible, provide MercedCERA with the entire copy of
the Domestic Relations Order (DRO) and, if there is one, the
Settlement Agreement. The Dissolution of Marriage/Domestic
Partnership document confirms the termination of the
relationship. Depending on any property disposition ordered by
the court, your ex-spouse may be entitled to a share of the
community property portion of your future or current pension
benefit.
If you are already retired, this paperwork is necessary to
determine whether a named beneficiary is eligible to receive a
continuance upon your death and/or if your ex-spouse is to
receive a portion of your benefit.
The disposition of retirement benefits in domestic relations
proceedings involves complex marital and tax issues. MercedCERA
advises you to seek competent legal counsel. MercedCERA, its
agents and consultants are not authorized to give legal advice
regarding a divorce. MercedCERA is, however, able to provide you
with Dissolution of Marriage Guidelines, which contain sample
DROs.
