Family Court: Dividing Property
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Review Questions

§4.12 Review Questions—Dividing Retirement Benefits

1. Which of the following orders are you prohibited from making when dividing retirement benefits?

a. Order a retirement plan to make payments in any manner that will increase the amount of benefits.
b. Order a retirement plan to pay benefits to any party before the member retires, except as provided in California public employee retirement plans or unless the plan so provides.
c. a or b.

2. When an employee’s pension plan has an option for survivor benefits to a spouse, you may order that the employee-spouse exercise the option for survivor benefits.

True
False

3. A private employee pension plan that falls under ERISA may not be assigned or alienated except by a qualified domestic relations order.
True
False
   
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