CALIFORNIA FAMILY CODE
DEFINITIONS INVOLVING PENSIONS
Family Code Section 755
(a) The terms "participant," "beneficiary," "employer,"
"employee organization," "named fiduciary," "fiduciary,"
and "administrator," as used in subdivision (b), have the same
meaning as provided in Section 3 of the Employee Retirement Income Security
Act of 1974 (P.L. 93-406) (ERISA), as amended (29 U.S.C.A. Sec. 1002).
The term "employee benefit plan" has the same meaning as provided
in Section 80 of this code. The term "trustee" shall include
a "named fiduciary" as that term is employed in ERISA. The term
"plan sponsor" shall include an "employer" or "employee
organization," as those terms are used in ERISA (29 U.S.C.A. Sec. 1002).
(b) Notwithstanding Sections 751 and 1100, if payment or refund is made
to a participant or the participant's, employee's, or former employee's
beneficiary or estate pursuant to an employee benefit plan including a
plan governed by the Employee Retirement Income Security Act of 1974 (P.L.
93-406), as amended, the payment or refund fully discharges the plan sponsor
and the administrator, trustee, or insurance company making the payment
or refund from all adverse claims thereto unless, before the payment or
refund is made, the plan sponsor or the administrator of the plan has
received written notice by or on behalf of some other person that the
other person claims to be entitled to the payment or refund or some part
thereof. Nothing in this section affects or releases the participant from
claims which may exist against the participant by a person other than
the plan sponsor, trustee, administrator, or other person making the benefit payment.