California § 31765.1. 31765.1. (Amended by Stats. 2020, Ch. 275, Sec. 53.)

California Statutes

§ 31765.1. — 31765.1. (Amended by Stats. 2020, Ch. 275, Sec. 53.)

California § 31765.1.

JurisdictionCalifornia

Code GOVGovernment Code - GOV

Div.4.

Title 3.DIVISION 4. EMPLOYEES

Part 3.PART 3. RETIREMENT SYSTEMS

Ch. 3.CHAPTER 3. County Employees Retirement Law of 1937

Art. 11.ARTICLE 11. Optional Retirement Allowances

This text of California § 31765.1. (31765.1. (Amended by Stats. 2020, Ch. 275, Sec. 53.)) 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.

Bluebook

Cal. Government Code - GOV Code § 31765.1. (2026).

Text

Upon the death of any member of a retirement system established in a county subject to the provisions of Section 31676.1 or Section 31695.1, eligible for retirement pursuant to Article 7.5, 8, or 8.7 who leaves a spouse designated as beneficiary, such surviving spouse may, in lieu of the death benefit provided for in Article 12, elect to receive a retirement allowance equal to 60 percent of the amount to which the member would have been entitled had the member retired on the date of the member’s death with a retirement allowance not modified in accordance with one of the optional settlements specified in Article 11. Such surviving spouse may elect in writing, before the first payment of any allowance is made, to receive in
						a lump sum payment all or any part of the member’s accumulate

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Upon the death of any member of a retirement system established in a county subject to the provisions of Section 31676.1 or Section 31695.1, eligible for retirement pursuant to Article 7.5, 8, or 8.7 who leaves a spouse designated as beneficiary, such surviving spouse may, in lieu of the death benefit provided for in Article 12, elect to receive a retirement allowance equal to 60 percent of the amount to which the member would have been entitled had the member retired on the date of the member’s death with a retirement allowance not modified in accordance with one of the optional settlements specified in Article 11. Such surviving spouse may elect in writing, before the first payment of any allowance is made, to receive in
a lump sum payment all or any part of the member’s accumulated additional contributions. The sum so paid shall not be included in the calculations of the annuity of the surviving spouse.
If, at the death of such spouse, the spouse is survived by one or more unmarried children of such member, under the age of 18, such retirement allowance shall continue to such child or children, collectively, until every child dies, marries, or attains age 18. If such spouse dies, either before or after the death of such member without either making such election or receiving any portion of the death benefit, and no part of the death benefit has been paid to any person, prior to the payment of any benefits, the legally appointed guardian of such children shall make the election herein provided for on behalf of such surviving children as in the guardian’s judgment may appear
to be in their interest and advantage and the election so made shall be binding and conclusive upon all parties in interest.
Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to those children up to the 22nd birthdays of the children if the children remain unmarried
and are regularly enrolled as full-time students in an accredited school as determined by the board.