SECTIONS 23700-23706 - California Statutes

EDUCATION CODE

SECTION 23700-23706

23700. (a) New survivor benefit and disability retirement programs
that are provided under the Defined Benefit Program pursuant to
Chapter 23 (commencing with Section 23850) and Chapter 26 (commencing
with Section 24100), are effective as of October 16, 1992. All
members of the Defined Benefit Program with an effective date of
membership in the program on or after October 16, 1992, shall be
covered by these survivor benefit and disability retirement programs
under this part.
(b) The purpose of this chapter is to set forth the criteria for
granting certain members of the Defined Benefit Program, as defined
in Section 23702, the opportunity to elect to either retain coverage
under the current family allowance and disability allowance programs
pursuant to Chapter 22 (commencing with Section 23800), and Chapter
25 (commencing with Section 24001) or to be covered under the
survivor benefit and disability retirement programs.

23701. (a) The election of disability and death benefit programs
shall be made during the 180-day period commencing on October 16,
1992, and ending on April 13, 1993. All elections made during this
period shall be effective as of October 16, 1992.
(b) If a member has made an election and subsequently becomes
disabled or dies, the benefits shall be paid under the elected
program provisions as though the election had been executed on
October 16, 1992.

23702. (a) All members in the Defined Benefit Program on October
15, 1992, who are not receiving a disability allowance or a
retirement allowance with an effective date prior to October 16,
1992, shall be eligible to make an irrevocable election, pursuant to
this chapter, to retain coverage under either the disability
allowance and family allowance programs or to have coverage under the
disability retirement and survivor benefits programs.
(b) The member's eligibility to participate in the election shall
be based on the member's status in the Defined Benefit Program on
October 15, 1992, only, and not on prior or subsequent events.

23703. A member's election of disability or death benefit coverage
shall meet all of the following requirements:
(a) The member is eligible to participate in the election pursuant
to Section 23702.
(b) The election is filed on a form provided by the system.
(c) Except as provided in Section 23704, the election document
contains the signature of the spouse of the member, unless the member
declares, in writing, under penalty of perjury, that one of the
following conditions exists:
(1) The member does not know, and has taken all reasonable steps
to determine, the whereabouts of the spouse.
(2) The spouse is incapable of executing the acknowledgment
because of an incapacitating mental or physical condition.
(3) The member and spouse have executed a marriage settlement
agreement pursuant to Part 5 (commencing with Section 1500) of
Division 4 of the Family Code that makes the community property law
inapplicable to the marriage.
(4) The member is not married.
(5) The current spouse has no identifiable community property
interest in future benefits.
(d) The election document is signed and dated during the 180-day
election period specified in Section 23701.
(e) The signatures of the member and the member's spouse on the
election document are witnessed by a third party who is at least 18
years of age.
(f) The election document is received in the system's office in
Sacramento within 30 days after the date of signature, but no later
than May 1, 1993.

23704. If a spouse refuses to sign the election document, the
member may bring an action in court to enforce the spousal signature
requirement or to waive the spousal signature requirement. Either
party may bring an action pursuant to Section 1101 of the Family Code
to determine the rights of the party.

23705. After receipt of a member's election document, the system
shall mail an acknowledgement notice to the member that indicates the
member's choice of disability and death benefit programs. If the
member does not agree with the system's recording of his or her
election choice, the member has 30 days from the date of the
acknowledgement notice to notify the system in writing.

23706. (a) Failure to file an election pursuant to this chapter
shall be deemed to be an election to retain coverage under the
disability allowance and family allowance programs.
(b) Failure to meet all of the requirements for submitting an
election pursuant to this chapter shall be deemed to be a failure to
file an election.