JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.5.
Title 2.DIVISION 5. PERSONNEL
Part 3.PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Ch. 14.CHAPTER 14. Death Benefits
Art. 5.ARTICLE 5. Postretirement Death Benefits
This text of California § 21632. (21632. (Amended by Stats. 2016, Ch. 199, Sec. 37.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The monthly allowances provided by Sections 21629 and 21630 shall be paid on account of retired state miscellaneous members who did not at retirement elect the optional settlement in Section 21456, 21457, or 21459, or an optional settlement involving life contingency in Section 21458, and whose retirement dates were effective before July 1, 1974, with respect to members who were not covered by the federal system, and before July 1, 1975, with respect to members who were covered under the federal system. Upon receipt of a written application by the board, the benefits provided by this section shall be payable to eligible survivors of retired members who are not receiving a monthly allowance on account of miscellaneous service as a state member.
However, if, on the date the applica
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(a)
The monthly allowances provided by Sections 21629 and 21630 shall be paid on account of retired state miscellaneous members who did not at retirement elect the optional settlement in Section 21456, 21457, or 21459, or an optional settlement involving life contingency in Section 21458, and whose retirement dates were effective before July 1, 1974, with respect to members who were not covered by the federal system, and before July 1, 1975, with respect to members who were covered under the federal system. Upon receipt of a written application by the board, the benefits provided by this section shall be payable to eligible survivors of retired members who are not receiving a monthly allowance on account of miscellaneous service as a state member.
However, if, on the date the application is received by the board, there is no longer in existence a record in the board’s possession setting forth the retirement data relating to the retired member, the applicant survivor or survivors of the retired member shall be required, as a condition precedent to his or her entitlement to the benefit provided by this section, to furnish documentary evidence satisfactory to the board to enable it to determine the date of the retired member’s death and the amount of the member’s allowance that was currently payable at the time of death. The net benefit payable to the retired member at the time of death shall be determined on the basis of the evidence submitted, unless the board is able to determine the unmodified allowance payable at the time of death. If the allowance payable to an eligible survivor is based on evidence furnished by the survivor or partial member records in the board’s possession, or both, the board shall use that information to assume any additional
factors required to calculate the allowance payable. The benefits shall be subject to the same eligibility and termination provisions that apply to members at retirement and shall, subject to subdivision (b), be paid only for the period of time commencing on the first of the month following receipt by the board of the application for the benefits. The board has no duty to locate or notify any potential survivor or to provide the name or address of any potential survivor to any person, agency, or entity for the purpose of notifying survivors.
(b)
Upon receipt of a written application pursuant to subdivision (a), the benefits provided by this section shall be paid both prospectively and retroactively for the period of time commencing with the first day of the month following receipt of the application.
(c)
The payment of benefits pursuant to this section, as amended by Chapter 788
of the Statutes of 1984, shall commence no sooner than January 1, 1985.