SECTIONS 23300-23304 - California Statutes

EDUCATION CODE

SECTION 23300-23304

23300. (a) A member of the Defined Benefit Program may designate a
beneficiary to receive benefits payable under this part upon the
member's death. A beneficiary designation may not be made in
derogation of a community property interest of a nonmember spouse, as
defined by Section 25000.9, with respect to service or contributions
credited under this part, unless the nonmember spouse has previously
obtained an alternative order pursuant to Section 2610 of the Family
Code.
(b) A member's beneficiary designation for benefits payable under
the Defined Benefit Program, including a designation made pursuant to
Section 24300 or 24300.1, shall also apply to benefits payable under
the Defined Benefit Supplement Program. A beneficiary designation
shall be in writing on a form prescribed by the system and executed
by the member.
(c) A beneficiary designation shall not be valid unless it is
received in the system's headquarters office, as established pursuant
to Section 22375, prior to the member's death.
(d) A member may change or revoke a beneficiary designation at any
time by making a new designation pursuant to this section.
(e) This section is not applicable to the designation of an option
beneficiary or an annuity beneficiary under this part.
(f) An option beneficiary may designate a death beneficiary who
would, upon the death of the option beneficiary, be entitled to
receive the option beneficiary's accrued monthly allowance.

23301. A corporation, trust, eleemosynary, parochial institution,
or public entity may be designated as a beneficiary under this part.
However, they may not be designated as option beneficiaries.

23302. Payment under this part to a beneficiary designated in the
form on file in the system at the date of death by a warrant drawn
prior to any claim under community property rights shall constitute
full discharge of any and all liability of the board, system, and
plan by reason of the member's death.

23303. (a) If the whereabouts of the designated beneficiary cannot
be determined, or if the beneficiary is the estate of the deceased
person, the board may pay to the undertaker who conducted the
funeral, or to any person who, or any organization that, has paid the
undertaker from funds owned by the person or organization, in its
discretion all or a portion of any amount payable under this part,
but not to exceed the funeral expenses of the deceased person, or the
portion of the expenses paid by the person or organization, as
evidenced by the sworn itemized statement of the undertaker, person,
or organization and by any other documents the board may require.
(b) The payment shall be in full and complete discharge and
acquittance of the board, system, and plan up to the amount paid.

23304. If no beneficiary designation is in effect on the date of
death, any benefit payable under this part shall be paid to the
estate of the member. Payment pursuant to the board's determination
in good faith upon evidence satisfactory to it of the existence,
identity or other facts relating to entitlement of persons under this
section shall constitute a complete discharge and release of the
system and plan from liability for the benefit.