Have your received a notice and appearance of employee benefit plan from CalPERS? If you have received this notice in the mail you are not alone. The notice was sent because you are probably going through or finishing a family law case where a CalPERS account is subject to be divided.
What is it? The notice and appearance of employee benefit plan, California Judicial Counsel form FL- 374 is usually sent out by the CalPERS community property unit after they have been served a Joinder, or been made aware that they are a party to a family law case.
What information is on the FL-374? The form doesn’t contain much information, but the information on it is important if you are starting a QDRO with CalPERS. The notice lets the parties, and court know the address to be used for service as well as if there is a particular attorney representing this case for CalPERS. The form also allows CalPERS, or its attorneys to respond to the information on the joinder. They can agree or disagree with the information given to them as well as provide any additional information in their response.
What do I do with the form? Typically this form is sent out and is information from CalPERS confirming they are a part of the court case. In most cases CalPERS does not contest information on the joinder you prepared and served on them. There are different reasons why Item 3b “incorrect as set forth in” might be checked. Correcting or addressing the information they provided may be important to your CalPERS QDRO processing to avoid any delays.
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