Cal. BPC § 18888.6 — California Code / Code bpc / Division 8 / Chapter 2 / Article 17 / Section 18888.6
Section 18888.6
Status: in_force

(a) At the time of initial licensure pursuant to Article 3 (commencing with Section 18640), the commission shall notify the licensee of the licensee’s enrollment in the MMA Fund.

(b) A participating martial artist shall become vested in the amount credited to the participating martial artist’s regular account when the participating martial artist has fought in at least 39 scheduled rounds in a commission-sanctioned professional mixed martial arts contest held in the state.

(c) (1) The commission shall determine the eligibility of a martial artist to receive benefits from the MMA Fund based upon information gathered for the commission by the commission staff.

(2) A determination made pursuant to this subdivision shall be conclusive and binding on all persons.

(3) A misrepresentation by a martial artist, manager, promoter, or beneficiary shall be grounds for the denial, suspension, or discontinuance of benefits, in whole or in part, or for the cancellation or recovery of benefit payments made due to the commission’s reliance on the misrepresentation.

(d) The commission, or its designee, shall notify any participating martial artist of all of the following when the right to receive benefits from the MMA Fund vests in that martial artist:

(1) The date upon which the right to receive the benefits from the MMA Fund vests in the participating martial artist and the dollar amount of the benefits that have accrued as of that date.

(2) The date upon which the participating martial artist will first be able to receive benefits from the MMA Fund or will first be able to convert all, or a portion of, those benefits to an early medical or early vocational retirement benefit.

(3) The procedure by which the participating martial artist will be able to claim benefits from the MMA Fund.

(4) The procedure by which the participating martial artist will be annually notified of the value of the accrued benefits beginning after the date upon which the right to receive the benefits from the MMA Fund vests in the martial artist.

(5) The ability of the participating martial artist to designate, pursuant to subdivision (e), one or more beneficiaries of the martial artist’s benefits from the MMA Fund upon the death of the martial artist.

(e) (1) (A) A participating martial artist may designate one or more beneficiaries of the martial artist’s benefits from the MMA Fund upon the death of the participating martial artist.

(B) A married participating martial artist and that person’s spouse shall both designate any nonspouse beneficiary or beneficiaries.

(2) A beneficiary designation made pursuant to this subdivision shall be made in writing on a form provided by the commission, or its designee, and shall include the beneficiary’s name, date of birth, address, telephone number, and relationship to the martial artist.

(3) A participating martial artist shall be responsible for updating the martial artist’s and beneficiary’s personal information before distribution of a retirement benefit pursuant to this article.

(f) If a participating martial artist fails to become vested in the amount credited to the participating martial artist’s regular account before the participating martial artist’s death, the regular account shall be forfeited and reallocated in accordance with subdivision (d) of Section 18888.3.

(g) (1) (A) Except as otherwise specifically permitted by law, the assets and benefits of the MMA Fund shall not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge.

(B) An anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge made in violation of this paragraph shall be null and void.

(2) The assets and benefits of the MMA Fund shall not be subject to the debts, contracts, liabilities, or torts of the person entitled to those benefits.

(h) (1) Notwithstanding any other law, except as provided in paragraph (2), a form submitted by a participating martial artist to the commission or its designee pursuant to this section, including a beneficiary designation, shall be confidential and not subject to public disclosure unless the martial artist, in writing, waives the confidentiality.

(2) A form described by paragraph (1), or information contained therein, may be disclosed in response to any of the following:

(A) A lawfully issued subpoena.

(B) A written request from a government agency responsible for the enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the person who submitted the form to the commission.

(C) A request for information made pursuant to subdivision (a) of Section 1798.24 of the Civil Code from an individual whose personal information is provided in the form.