California · Government Code
GOV §31685.7: (a) If the nonmember retires before the member retires, “final compensation” means the highest average annual compensation earnable by the member during the three consecutive years, or one year where
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(a) If the nonmember retires before the member retires, “final compensation” means the highest average annual compensation earnable by the member during the three consecutive years, or one year where applicable, prior to the date the nonmember retires. The nonmember may designate an earlier period to be used where the time period of the nonmember’s marriage to the member and membership correspond. (b) If the member has retired before the nonmember, the “final compensation” for the nonmember shall be the final compensation used in calculating the member’s retirement. (c) Upon receipt of an application for retirement by the member, the board shall notify the nonmember that his or her final compensation will not increase any further and shall identify which options are available to the nonmember and the impact thereof.
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