This section shall apply to any judge who retires on or before December 31, 2017. (a) Optional settlement 1 consists of the right to have a retirement allowance paid to the judge until their death and if the judge dies before the judge receives the amount of the judgeâs accumulated contributions at retirement, to have the balance at death paid to the judgeâs surviving spouse, or if none, to the judgeâs designated beneficiary, or if none, to the judgeâs estate. (b) (1) Optional settlement 2 consists of the right to have a retirement allowance paid to the judge until the judgeâs death and thereafter to the judgeâs surviving spouse for life. (2) If the judgeâs spouse predeceases the judge and the judge elected this optional settlement to be effective on or after January 1, 2002, the judgeâs allowance shall be adjusted effective the first day of the month following the death of the spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation is filed, and the judgment dividing the community property between the judge and the surviving spouse awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, and the retired judge elected this optional settlement to be effective on or after January 1, 2002, the retired judgeâs allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (c) (1) Optional settlement 3 consists of the right to have a retirement allowance paid to the judge until the judgeâs death, and thereafter to have one-half of the judgeâs retirement allowance paid to the judgeâs surviving spouse for life. (2) If the judgeâs spouse predeceases the judge and the judge elected this optional settlement to be effective on or after January 1, 2002, the judgeâs allowance shall be adjusted effective the first day of the month following the death of the spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation is filed, and the judgment dividing the community property between the judge and the surviving spouse awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, and the retired judge elected this optional settlement to be effective on or after January 1, 2002, the retired judgeâs allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (d) Optional settlement 4 consists of other benefits that are the actuarial equivalent of the judgeâs retirement allowance, that they may select subject to the approval of the board.
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