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FL-318-INFO
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Family Code, § 2337
RETIREMENT PLAN JOINDER—INFORMATION SHEET
(Family Law)
www.courtinfo.ca.gov
RETIREMENT PLAN JOINDER—INFORMATION SHEET
Form Approved for Optional Use
Judicial Council of California
FL-318-INFO [New January 1, 2009]
Type of Retirement Plan Examples
Joinder Required
Governmental plan of a state,
county, public school or
university, or other public
agency
California Public Employees'
Retirement System (CalPERS),
California State Teachers' Retirement
System (CalSTRS), and University of
California Retirement System (UCRS)
(includes both qualified plans and
nonqualified plans, such as Int. Rev.
Code, § 457(b) or (f) deferral plans or
Int. Rev. Code, § 403(b) Tax Sheltered
Annuity (TSA)
Yes
Federal government plan
Funded plan (whether or not
qualified) covering employees
working for private-industry
employer (includes collectively
bargained plans)
Federal government plans including all
military branches, Civil Service
Retirement System (CSRS), Federal
Employees Retirement System (FERS),
Foreign Service Pension System
(FSPS)
No
Int. Rev. Code, § 401(k) plan, defined
benefit pension plan (traditional or cash
balance), profit-sharing plan, money
purchase or target benefit pension
plan, Employee Stock Ownership Plan
(ESOP), Tax Sheltered Annuity (TSA)
No (ERISA covered)
Unfunded nonqualified plan covering
employees working for private-
industry or tax-exempt employer
(other than excess benefit plans)
Supplemental executive retirement
plan, Int. Rev. Code, § 457(f) deferral
plan, Stock Appreciation Right (SAR) or
phantom stock plan, severance plan
No (ERISA covered)
Plan (qualified or nonqualified)
covering only business owners and
spouses or employees of a church
Int. Rev. Code, § 401(k) plan, defined
benefit pension plan (traditional or cash
balance), profit-sharing plan, money
purchase or target benefit pension plan,
Keogh, Tax Sheltered Annuity (TSA)
Yes
Individual Retirement Account or
annuity
Individual Retirement Account (IRA),
Roth IRA
No (not true retirement
plans; Qualified
Domestic Relations
Orders (QDROs) do not
apply). May be divided
by judgment or order
All others
Generally yes
For domestic partnerships and same-sex marriages, please consult an attorney as federal laws apply and
rules may vary.
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