Informational fact sheets on specific SBCERA-related topics. Each of these are available as PDF documents.
Forfeiture of Benefits Fact Sheet
Effective January 1, 2013, all public employees convicted of a job-related felony are subject to pension forfeiture, without exception, pursuant to Government Code section 7522.74. The law requires the forfeiture of all accrued rights and benefits in any public retirement system by any public employee convicted of any felony, as of the earliest date of the crime, for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement or other benefits.
The Retirement 101 series include one page documents that help explain specific topics related SBCERA’s benefits and services. Each of these are available as PDF documents.
About Your Defined Benefit
Determining Your Benefit
Leaving Employment – Termination Options
In SBCERA’s continued effort to easily explain the complex information related to pensions, our retirement experts have compiled a list of Frequently Asked Questions (FAQs), and answers to those questions.
Retired or Deferred Members
I can’t login to mySBCERA. What do I do?
Have you clicked either “Forgot your Password” or “Forgot your Username” on the mySBCERA page? This will send an email to the email address we have on file for you in our system. You may not receive anything if we have an old or outdated email, but check in your email’s spam folder first. If you don’t receive the email or think we have an outdated email, you can send a message to SBCERA’s IT Support at support@SBCERA.org and they can help get you logged in.
What deductions can I have from my retirement check?
Most benefit deductions are elected by you and set up either when you retire or during an open enrollment period. If you want additional details on retiree deductions you can visit Optional Benefit Deductions page. There you will find contact information for numerous organizations that may be deducting from your benefit check. You will also find the forms you will need to fill out to designate or change a deduction. Keep in mind that certain deductions cannot be changed or canceled if they are court ordered.
I didn’t receive my retirement benefit direct deposit or check. Is there a problem?
All monthly retirement and death benefits are scheduled to be paid on the last business day of the month. If you do not receive your benefit payment by the 8th of the following month, please contact SBCERA by emailing memberservices@SBCERA.org.
What benefits are available to my beneficiary if I die while retired?
The benefits that are available to your beneficiary if you pass away in retirement are determined by the retirement option you choose at retirement. To review those options and the benefits available to a beneficiary, please visit Beneficiary Resources page.
Can someone contact me to set up an appointment?
All of SBCERA’s retirement representatives are happy to help consult and inform our members and beneficiaries of SBCERA. Keep in mind, that SBCERA offers numerous Seminars, Webinars and Group Consultations to help you better understand retirement. For information on these opportunities, please visit the Seminars page.
Please send an email to memberservices@SBCERA.org to have a retirement representative discuss scheduling an appointment.
I terminated employment and I am waiting for a refund check. When will it be ready?
Upon termination of your employment, you must request a refund from SBCERA; it is not automatic. To request a refund/rollover of your contributions, you must complete a Request for Refund of Contributions form. Please be aware that it will take six to ten weeks for your refund to be issued.
Keep in mind the following factors that may affect your refund processing time:
- You were married during your membership with SBCERA and are now divorced. SBCERA requires your final judgment along with your refund request.
- You are married but your spouse will not sign the spousal acknowledgment form.
- You selected any item under Section 3 of the Justification for Non-Signature of Spouse form.
Any of the above scenarios will require review by SBCERA’s Legal Services department, which may delay your refund beyond the six to ten week processing time.
I am leaving my job with an SBCERA covered employer. What are my options?
There are several options available to you depending on why you are leaving and where you are going. If you are leaving for another public employer with which SBCERA has a reciprocal relationship, you may want to review our web page on Reciprocity. If you are terminating employment with no plans to join another public employer and establish reciprocity, you can review the web page Termination Before Retirement.
Can I borrow money from my SBCERA retirement account?
No, you are unable to borrow money from an SBCERA retirement account.
What benefits are available to my beneficiary if I die while actively employed?
If you die while in active service, there are various death benefit options available for your beneficiary or beneficiaries. To view all the options that are available to your eligible beneficiaries if you pass while in active service, please visit the Death Benefits page.
How do I apply for a Disability Retirement?
You will contact SBCERA by emailing BORDisabilityUnit@SBCERA.org or by calling 909-885-7980. You will be sent a Disability Retirement Application with instructions on next steps in the process.
1099-R Tax Form
Cost-Of-Living Adjustments (COLA)
SBCERA Special Durable Power of Attorney
What is the purpose of having a power of attorney for my SBCERA retirement account?
Whether an Active, Retired or Deferred Member of SBCERA, a power of attorney will allow you to designate a representative to conduct retirement affairs on your behalf. By doing so, this designated person called an Attorney-In-Fact can perform important duties relating to your retirement affairs.
What is an SBCERA Special Durable Power of Attorney form?
The SBCERA Special Durable Power of Attorney (POA) form has two distinguishing features:
- It allows an SBCERA member or their beneficiary to designate someone known as an Attorney-In-Fact to handle retirement affairs such as filing applications, making tax withholding elections, and endorsing checks.
- It also contains a durability clause, which allows the Attorney-In-Fact to work on retirement matters on the member’s behalf in the event the member becomes ill or incapacitated.
Why would I need one?
As you age or experience illness, the chance that you may become unable to handle your personal business and financial affairs increases. You have the option to make the POA effective immediately or only upon the event of your incapacity. If you elect to make the POA effective immediately, then it will continue even after you, the principal, become incapacitated or unable to handle your own affairs.
Can I still handle my own retirement affairs with a Special Durable Power of Attorney on file?
Yes. With any type of POA form on file, you may still handle your own retirement affairs.
Can I use the SBCERA Special Durable Power of Attorney form to appoint an administrator of my estate prior to my death?
No. California Probate Code prohibits the use of this form to appoint an administrator of your estate. An administrator of your estate must be appointed by a court of law.
Does the SBCERA Special Durable Power of Attorney form automatically authorize my Attorney-In-Fact to conduct business after my death?
No. The Special Durable Power of Attorney form terminates upon your death.
Can I terminate my SBCERA Special Durable Power of Attorney should I desire to do so?
Yes, as long as you are still competent, you may submit a written request to SBCERA asking that the SBCERA Special Durable Power of Attorney form be revoked or terminated.
Can I execute the SBCERA Special Durable Power of Attorney form outside of California?
Yes, as long as it is properly notarized or witnessed as required on the form.
If I do not have an SBCERA Special Durable Power of Attorney form, can my Attorney-In-Fact change my beneficiary designation?
If you have already retired, neither you nor your Attorney-In-Fact may change your beneficiary designation. However, if you are not retired, either you or your Attorney- In-Fact may change your beneficiary designation depending on the type of POA that is on file with SBCERA. California Probate Code requires that an Attorney-In-Fact may only change beneficiary information if that power is expressly stated in the power of attorney form.
Should I retain a copy of the SBCERA Special Durable Power of Attorney?
Yes. It is a good idea to keep a copy of the original form for your personal records.
Are all power of attorney forms the same?
No, there are three types of power of attorney forms:
- General or Special Power of Attorney Form
A General or Special Power of Attorney form allows you to designate a representative to handle your retirement plan transactions as specified on the form. However, it does not contain a durability clause. Therefore, it automatically terminates once you become unable to act on your own behalf.
- Durable General Power of Attorney Form
Unlike a General or Special Power of Attorney form, a Durable General Power of Attorney form includes a durability clause. This durability clause is a provision stating that your designated representative can continue to act on your behalf should you become unable to handle your own retirement affairs.
- Special Durable Power of Attorney Form
A Special Durable Power of Attorney form grants broader powers than a General or Durable General Power of Attorney. In addition to changing your address, endorsing checks, and making tax elections, a representative holding a Special Durable Power of Attorney may be able to perform other actions depending on the language in the power of attorney. A Special Durable Power of Attorney will be terminated upon your death and the Attorney-In-Fact will no longer be able to conduct business on your behalf. SBCERA offers a Special Durable Power of Attorney form for your retirement matters.
If you can no longer handle your own retirement affairs and have a Durable General or Special Durable Power of Attorney, your designated representative will still be able to conduct them for you. However, if you only have a General or Special Power of Attorney without a durable provision, your representative may not be able to continue handling your affairs.
Does SBCERA accept power of attorney designations that are not on SBCERA forms?
Yes. However, the use of a non-SBCERA POA form may limit the scope of your Attorney-In-Fact’s ability to conduct SBCERA business on your behalf. The primary advantage of using an SBCERA Special Durable Power of Attorney form is that it contains a durability clause and specifically shows your intent that your Attorney-In- Fact can conduct your retirement business with SBCERA.
Domestic Relations Order
What is a Domestic Relations Order (DRO)?
A DRO is a court order containing certain information and legal requirements that identify your former spouse’s interest in your retirement benefit. The DRO directs SBCERA to pay benefits to your former spouse.
Do I need to file any other document with the Court prior to submitting the DRO to SBCERA?
Yes. SBCERA cannot accept or review a DRO until you have filed a Joinder with the Court and it has been served on SBCERA. Upon doing so, the DRO should be submitted to SBCERA for review prior to submitting it to the Court.
What is a Joinder?
A Joinder is a legal document joining SBCERA as a third party to your divorce proceedings. It must be served on SBCERA before preparing a DRO. The Joinder notifies SBCERA that your former spouse is claiming a right to a portion of your retirement benefits. Once SBCERA has been joined to your divorce, generally SBCERA cannot make any benefit payments or distributions to anyone until a DRO has been received.
Why do I need to have a DRO?
Without a DRO, SBCERA cannot legally make any payments to your former spouse. In addition, if SBCERA has been served with a Joinder, SBCERA cannot make any distributions of your retirement benefit to you or your former spouse.
Do I need to file the DRO with the Court?
Yes, the DRO must be filed with the Court. SBCERA cannot implement a DRO until it has been filed with the Court and signed by the judge.
Does SBCERA need to approve the DRO before I file it with the Court?
Yes, SBCERA should approve the DRO before you file it with the Court. By submitting a proposed copy of your DRO to SBCERA for review, you can ensure all general legal requirements and required language and/or provisions are included to prevent unnecessary delays and multiple court orders.
If SBCERA identifies any changes that need to be made to the DRO, you will be notified in writing. The same will occur if SBCERA does not identify any changes. The DRO should continue to be submitted to SBCERA until it has been approved. Once SBCERA has approved the proposed DRO, it can be filed with the Court.
Does my former spouse have to sign the DRO?
A DRO is an agreement between you and your former spouse. Therefore, your former spouse must sign the DRO. The DRO must also be signed by the judge.
Once I file the DRO with the Court, when do I need to submit the DRO to SBCERA?
Once the DRO is filed with the Court, submit it immediately to SBCERA. Most importantly, the DRO must be delivered to SBCERA before retiring or refunding; otherwise, SBCERA will be unable to make any distribution of your retirement benefit to you or your former spouse.
What requirements must a DRO contain?
Although every DRO may be different, the basic requirements that a DRO should contain are:
- The name and last known mailing address of the Member and former spouse.
- The date of marriage and the date of separation.
- The calculation for the former spouse’s dollar amount or share of the Member’s retirement benefits.
- A selected retirement option.
What cannot be included in a DRO?
- The DRO must not grant the former spouse any type or form of benefit, or any option that would not otherwise be available to the member under SBCERA.
- The DRO must not provide the former spouse increased benefits (as determined on actuarial value) not available to the member.
- The DRO must not order payment of any benefit to the former spouse that is already required to be paid to another former spouse under a different court order.
- The DRO must not provide payment to the former spouse of benefits forfeited by the Member.
- The DRO must not change the benefit selections of the Member once the Member has retired.
Does the DRO need to specify which retirement option the Member must select at the time of retirement?
Yes. The DRO must include the retirement option the Member is to select at the time of retirement that provides for a continuance to the former spouse and/or an eligible surviving spouse.
What are the different retirement options that can be incorporated into the DRO to provide for a continuance?
There are four different retirement options that you can incorporate into the DRO to provide for a continuance:
- Unmodified Option –provides for a 60% continuance to an eligible surviving spouse. The former spouse may be entitled to a portion of a surviving spouse’s continuance. However, if the unmodified option was selected by the Member at retirement, but prior to the member’s divorce then the spouse named as the beneficiary at the time of retirement, which is now the former spouse, will no longer qualify for the unmodified continuance. This is pursuant to Government Code section 31760.1 or for death benefits under Government Code sections 31765, 31765.1, or31786.
- Option 2 – provides for a 100% continuance to the nominated beneficiary (i.e. former spouse).
- Option 3 – provides for a 50% continuance to the nominated beneficiary (i.e. former spouse).
- Option 4 – provides for various continuances to multiple beneficiaries, such as the former spouse and/or an eligible surviving spouse. Typically, the continuance is based on the calculation of a share of the benefit payable to the former spouse.
Note: Depending on the option selected, the Member or former spouse may receive a reduced benefit. Please consult with a Retirement Specialist for more information about the retirement options.
Does the DRO need to address any pre-retirement death benefits?
Yes, the DRO needs to address pre-retirement death benefits. The DRO should provide instructions to SBCERA regarding how to pay out various death benefits if the Member dies during active employment.
Does the DRO provide for SBCERA to create separate retirement accounts for the Member and former spouse?
No, SBCERA is unable to create separate accounts for the Member and former spouse.
I am an active member, who is eligible to retire, and a joinder has been filed with the Court and served on SBCERA. I am already paying my former spouse his/her interest in my retirement as part of the property settlement agreement. Do I still need to file a DRO and submit it toSBCERA?
Yes. In the event that you retire, since a joinder has been served on SBCERA, you must file a DRO. SBCERA will be unable to make any distribution of your retirement benefits to you or your former spouse without the DRO unless the Joinder is released by the Court.
I am retired and subsequently went through a divorce. Do I need to file a DRO and submit it to SBCERA?
In this situation, the need for a DRO is dependent on the division of property as determined by the Court in your property settlement agreement (dissolution judgment). If the Court awarded your former spouse an interest in your retirement, then yes, you must file a Joinder and DRO and submit it to SBCERA, even though you are retired. However, if the Court did not award an interest in your retirement to your former spouse, then you do not need to file a Joinder and a DRO.
Does SBCERA have sample DROs that I can use?
Yes, SBCERA offers various sample DROs to assist you in the development of an acceptable order. You can find them on our Web site at www.SBCERA.org (click here) or you can request samples by mail or phone by calling (909) 885- 7980 or toll free (877) 722-3721. The disposition of retirement benefits in DRO proceedings involve complex marital and tax issues. Therefore, SBCERA encourages you to seek competent legal counsel to assist you with any of these issues.