Joinder of pension and retirement plans in California is the topic of this blog post. Joinder is the legal process by which a pension or retirement plan is “joined” as a party to a dissolution (divorce) or legal separation proceeding in California. Not all pension or retirement plans need to be joined. The following pension and retirement plans must be joined as a party.
1. Governmental plan of a city, county, state, public school or university or other public agency.
2. Plan (qualified or non-qualified) covering only business owners and spouses or employees of a church.
Federal government pension and retirement plans do not have to be joined as a party. However, they do require a Qualified Domestic Relations Order (Q.D.R.O) be issued by the Court specifying the non-employee spouses interest in the plan. Also many plans covering employees who work for private industry also do not have to be joined as a party, neither do Individual Retirement Accounts (IRA’s) or Roth IRA’s. These may be divided simply by Judgment or Order of the Court. Judicial Council form FL-318-INFO lists numerous different pension and retirement plans and indicates whether or not they require Joinder.
In California the process of Joinder is completed by the filing of several forms with the Court Clerk. The forms include detailed information about the employee, list the full name of the pension or retirement plan, and include the dates or marriage and separation as well as other pertinent information.
Upon the filing of the forms, the Court Clerk issues an Order of Joinder. The Order and the other forms are then served on the pension or retirement plan, which then has thirty (30) days from the date it is served to file a response. A blank response must be served along with the other Joinder paperwork.
The fact that the Court Clerk is authorized to issue an Order of Joinder greatly simplifies things as this means that the Order of Joinder can be obtained without appearing before a Judge and can be obtained very quickly if needed.
The required forms in California to obtain an Order of Joinder are Forms FL-370 through FL-372 as well as FL-375. A blank copy of Form FL-374 along with all other forms that were filed and issued by the court clerk should also be personally served on the administrator of the pension or retirement plan once the Order of Joinder and other required paperwork has been issued by the clerk of the court.
To view or download any of the forms that I mentioned in this blog post visit: http://www.courts.ca.gov/forms.htm?filter=MO
The Family Code now requires that a pension or retirement plan must be joined as a party to the divorce proceeding prior to the entry of judgment granting dissolution of the status of the marriage unless joinder is precluded or made unnecessary by Title 1 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), as amended (ERISA), or any other applicable law. See (Ca Fam § 2337(10)(d)(1).
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The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Filed under: California Dissolution of Marriage, California Divorce, California freelance paralegal Tagged: | California Divorce, California law, Divorce, Joinder in California, Joinder of pension plan, Joinder of retirement plan, Law