DATE: October 20, 2026
TO: Board of Supervisors
SUBMITTED BY: Donald C. Kendig, CPA, Retirement Administrator
SUBJECT: Adoption of County Employees Retirement Law Article 8.4, Government Code §§ 31685-31685.97 – Community Property
RECOMMENDED ACTION(S):
TITLE
Adopt and authorize the Chairman to execute a Resolution adopting Article 8.4 of the County Employees Retirement Law of 1937 (CERL) pursuant to Government Code § 31685.97, authorizing the Fresno County Employees’ Retirement Association (FCERA) to establish separate retirement accounts for a member and nonmember spouse when required by a qualifying court order dividing the parties’ community property interest in the member’s retirement benefits.
REPORT
Article 8.4 of the CERL provides an alternative method for dividing retirement benefits. Upon receipt and qualification of a court order, FCERA may divide the member’s account and establish separate accounts for the member and nonmember spouse. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board may not adopt Article 8.4. If Article 8.4 is not adopted, FCERA will continue to administer divided community property interests under its current procedures, generally requiring the nonmember spouse to wait until the member receives a retirement benefit before receiving the nonmember spouse’s share.
FISCAL IMPACT:
There is no anticipated fiscal impact to the County resulting from the adoption of Article 8.4. FCERA will be responsible for administering the provisions of Article 8.4.
DISCUSSION:
Government Code § 31685.97 authorizes your Board to adopt a resolution by majority vote to make Article 8.4 of the CERL, Government Code §§ 31685-31685.97, operative for the County.
Under FCERA’s current procedures, when a member’s retirement benefit is divided as community property following a divorce or legal separation, the nonmember spouse’s interest remains tied to the member’s account. As a result, the nonmember spouse cannot begin receiving their share ...
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