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File #: 22-0602    Version: 1 Name:
Type: Approval Status: Consent Agenda
File created: 4/12/2022 In control: Mendocino County Employees Retirement Association
On agenda: 6/21/2022 Final action:
Title: Adoption of Resolution Making Government Code ? 31458.4 Applicable in Mendocino County, Allowing Mendocino County Employees Retirement Association Members' Ex-Spouses to Designate Beneficiaries
Attachments: 1. Resolution 22-144, 2. Resolution

 

To:  Board of Supervisors

FromMendocino County Employees Retirement Association

Meeting DateJune 21, 2022

 

Department Contact:  

Doris Rentschler

Phone: 

463-4329

Department Contact:  

Judy Zeller

Phone: 

467-6473

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Resolution Making Government Code § 31458.4 Applicable in Mendocino County, Allowing Mendocino County Employees Retirement Association Members' Ex-Spouses to Designate Beneficiaries

End

 

Recommended Action/Motion:

recommendation

Adopt the Resolution making Government Code §31458.4 applicable in Mendocino County, allowing Mendocino County Retirement Association (MCERA) members’ ex-spouses (alternate payees) who are receiving or are entitled to receive payments from MCERA, pursuant to a court order dividing the community property interest in the member’s retirement allowance, to designate one or more beneficiaries to receive those payments following the death of the alternate payee; and authorize Chair to sign same

End

 

Previous Board/Board Committee Actions:

None.                     

 

Summary of Request

The MCERA Board of Retirement has requested that the Mendocino County Board of Supervisors make Government Code §31458.4 applicable in Mendocino County.  This would enable ex-spouses of MCERA members who are benefit recipients, and/or who are entitled to a share of the member’s community property under a martial settlement agreement or domestic relations order, also called alternate payees, to designate one or more beneficiaries.  This allows the alternate payee to make a designation of one or more beneficiaries that may be different from what is provided under California law through the alternate payee’s estate or to provide the payment if there is no estate created under probate.  Currently, without adoption of Government Code § 31458.4, the remaining benefits due are paid to the alternate payee’s estate.

 

Alternative Action/Motion:

Do not adopt the resolution and provide direction to staff.                     

 

Does This Item Support the General Plan? N/A

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At:

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk II

Final Status:Adopted

Date: June 21, 2022

Executed Item Type: Resolution   Number: 22-144