SECTIONS 23850-23859 - California Statutes

EDUCATION CODE

SECTION 23850-23859

23850. This chapter governs the eligibility provisions, benefit
provisions, allowance computations, and related provisions for the
benefits payable under this part with respect to the Defined Benefit
Program upon the death of eligible members. "Member," as used in this
chapter, means all persons who become members of the plan under this
part on or after October 16, 1992, and all persons who were members
as of October 15, 1992, who elected, pursuant to Chapter 21.5
(commencing with Section 23700), to be covered under the death
benefit provisions of this chapter.

23851. (a) A death payment of not less than twenty thousand dollars
($20,000) shall be paid to the beneficiary, as designated pursuant
to Section 23300, upon receipt of proof of death of a member, who had
one or more years of credited service, at least one of which had
been performed subsequent to the most recent refund of accumulated
retirement contributions, if the member died during any one of the
following periods:
(1) While in employment for which creditable compensation is paid.
(2) Within four months after termination of creditable service or
termination of employment, whichever occurs first.
(3) Within 12 months of the last day for which creditable
compensation was paid, if the member was on an approved leave of
absence without creditable compensation for reasons other than
disability or military service.
(b) A death payment pursuant to this section shall not be payable
for the death of a member that occurs within one year commencing with
the effective date of termination of the service retirement
allowance pursuant to Section 24208 or during the six calendar months
commencing with the effective date of termination of the disability
retirement allowance pursuant to Section 24117.
(c) The board may adjust the death payment amount following each
actuarial valuation based on changes in the All Urban California
Consumer Price Index and adopt as a plan amendment with respect to
the Defined Benefit Program any adjusted amount.
(d) A designated beneficiary may waive the right to the death
payment in accordance with the requirements established by the
system.

23852. Upon receipt of proof of death of a member who has no
preretirement option in effect:
(a) The surviving spouse may elect to receive either of the
following:
(1) The member's accumulated retirement contributions in a lump
sum.
(2) The survivor benefit allowance pursuant to Sections 23854 and
23855.
(b) If there is no eligible surviving spouse, each eligible
dependent child or children shall receive the child's portion of the
survivor benefit allowance pursuant to Sections 23854, 23855, and
23856. The child's portion of the survivor benefit allowance shall be
paid in lieu of the return of the member's accumulated retirement
contributions.
(c) If there is no eligible surviving spouse or eligible dependent
child or children, the member's accumulated retirement contributions
shall be paid to the member's beneficiary in a lump sum.
(d) The member's accumulated annuity deposit contributions shall
be paid to the member's beneficiary in a lump sum.
(e) The payment of accumulated contributions in a lump sum shall
include credited interest through the date of payment.

23853. Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other provision of
law to the contrary, death payments and return of contributions
pursuant to Sections 23851 and 23852, if any, may be requested by the
surviving spouse or beneficiary and paid by the system as soon as
practicable after receipt of proof of death.

23854. (a) A survivor benefit allowance is payable upon receipt of
proof of death of a member, as defined in Section 23850, who had one
or more years of credited service, at least one of which had been
performed subsequent to the most recent refund of accumulated
retirement contributions.
(b) For the survivor benefit allowance to be payable upon the
death of a member, all of the following conditions shall be met at
the time of death:
(1) Death occurred after October 15, 1992.
(2) A preretirement election of an option is not in effect.
(3) Death occurs during any one of the following periods:
(A) While in employment for which compensation is paid.
(B) Within four months after termination of service or termination
of employment, whichever occurs first.
(C) Within four months after termination of disability allowance.
(D) Within four months after reinstatement from disability
retirement.
(E) Within 12 months following the last day for which compensation
was paid if the member was on an approved leave of absence without
compensation for reasons other than disability or military service.
(4) At least one-half year of credited service had been performed
subsequent to the end of the last break in service, if a break in
service of more than one year had occurred.
(5) At least one year of credited service had been performed
subsequent to the last reinstatement date, if reinstated from service
retirement.
(c) The survivor benefit allowance shall be paid in lieu of the
return of the member's accumulated retirement contributions.
(d) The survivor benefit allowance may be terminated, if all
eligible beneficiaries formally waive their rights in accordance with
the requirements established by the system.

23855. (a) The survivor benefit allowance is a monthly allowance
equal to one-half of the modified retirement allowance the member
would have received at 60 years of age, if the member had retired and
elected Option 3 pursuant to Section 24300, as that section read on
December 31, 2006, naming the spouse as the option beneficiary.
(b) The allowance payable under this subdivision shall be based on
the member's actual service credit and final compensation as of the
date of his or her death, the retirement factor at 60 years of age,
and the member's and spouse's ages as of the date the member would
have attained 60 years of age. If the member's death occurs after he
or she attains 60 years of age, his or her actual final compensation,
the retirement factor at 60 years of age, and the member's and
spouse's ages as of the date of the member's death shall be used in
the allowance calculation.
(c) The allowance calculation shall include service credit for the
unused sick leave that had accrued to the member as of the date of
his or her death. Eligibility for the inclusion of unused sick leave
service credit and the calculation of that service credit shall be
determined pursuant to Section 22717.
(d) (1) The allowance calculation shall not include either of the
following:
(A) The increase in the percentage of final compensation pursuant
to Section 24203.5.
(B) The increase of the monthly allowance pursuant to Section
24203.6.
(2) The amendments to this section made by the act adding this
paragraph do not constitute a change in, but are declaratory of,
existing law.
(e) The surviving spouse may elect to begin receiving the survivor
benefit allowance immediately as of the date of the member's death
or to defer receipt of the allowance to the date the member would
have attained 60 years of age. If allowance payments to the surviving
spouse commence prior to the date the member would have attained 60
years of age, the allowance payable shall be actuarially reduced.
(f) If the spouse elects, pursuant to Section 23852, to receive
the survivor benefit allowance, an additional 10 percent of final
compensation shall be payable for each dependent child who is under
21 years of age, up to a maximum of 50 percent of final compensation.
The child's portion shall begin to accrue on the day following the
member's date of death and shall be payable even if the spouse elects
to postpone receipt of the spouse's survivor benefit allowance until
the date the member would have attained 60 years of age.
(g) If there is no surviving spouse, an allowance in an amount
equal to 10 percent of the deceased member's final compensation shall
be paid to each dependent child who is under 21 years of age, up to
a maximum of 50 percent of final compensation. If there are more than
five dependent children, they shall receive allowances in equal
shares of the 50 percent of final compensation. A child's portion of
the survivor benefit allowance shall begin to accrue on the day
following the member's date of death.

23856. (a) A dependent child who is not in the care of the
surviving spouse shall be included in the calculation of the children'
s portion of the survivor benefit allowance. That child's portion of
the allowance shall be paid to the guardian of the estate of the
child, the natural or adoptive parent having custody of the child, or
if none, then to the trustee of the trust established for the
benefit of the child.
(b) In the case of a dependent child who is age 18 years or older,
the child's portion of the allowance shall be paid to the guardian
of the estate of the child, trustee of the trust established for the
benefit of the child, or if none, then to the child.

23858. If the person or persons to whom a survivor benefit
allowance is payable dies or no longer qualifies for the allowance,
the allowance shall be terminated on the day of the event except as
provided in Section 24600.

23859. (a) Upon termination of a survivor benefit allowance
pursuant to this chapter, if the total allowance paid or payable is
less than the amount of the member's accumulated retirement
contributions at the time of death, the remaining balance of
accumulated retirement contributions shall be paid to the estate of
the spouse.
(b) If there is no spouse, and if there is a designated
beneficiary pursuant to Section 23300, then upon termination of the
survivor benefit allowance payable to all eligible dependent children
pursuant to Section 23852, if the total allowance paid or payable is
less than the amount of the member's accumulated retirement
contributions at the time of death, the remaining balance of the
accumulated retirement contributions shall be paid to the member's
designated beneficiary pursuant to Section 23300.
(c) Payments provided under this section shall include credited
interest on the unpaid balance calculated from the date the last
survivor benefit allowance payment was made or from the date of death
of the member, if no survivor benefit allowance payments were made,
to the date the balance is paid.