SECTIONS 23880-23882 - California Statutes

EDUCATION CODE

SECTION 23880-23882

23880. (a) A death payment of not less than five thousand dollars
($5,000) shall be paid to the beneficiary, as designated pursuant to
Section 23300, upon receipt of proof of death of either of the
following:
(1) A retired member.
(2) A member, if the death payment pursuant to Section 23801 would
have otherwise been payable or if the conditions specified pursuant
to paragraphs (3) and (5) of subdivision (b) of Section 23854 are
met, and if the member's death occurs during one of the following
periods:
(A) Within one year commencing with the effective date of
reinstatement from service retirement pursuant to Section 24208.
(B) Within six months commencing with the effective date of
reinstatement from disability retirement pursuant to Section 24117.
(b) 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 any adjusted
amount.

23881. (a) If upon receipt of proof of death of a retired member
who was receiving an unmodified allowance and who retired under this
part after June 30, 1972, there is a remaining balance of the member'
s accumulated retirement contributions, the balance shall be paid to
the member's beneficiary.
(b) Upon receipt of proof of death of a retired member's option
beneficiary after the beneficiary begins to receive an allowance, the
remaining balance of a member's accumulated retirement
contributions, if any, shall be paid to the beneficiary designated by
the option beneficiary to receive that payment.
(c) The remaining balance of a retired member's accumulated
retirement contributions shall be the difference between the balance
of the accumulated retirement contributions on the effective date of
the member's retirement and the total retirement allowance paid or
payable to the retired member on the date of the member's death. If
the retired member predeceased the option beneficiary, the remaining
balance of the retired member's accumulated retirement contributions
shall be the difference between the balance of the accumulated
retirement contributions on the effective date of the member's
retirement and the total retirement allowance paid or payable to the
retired member and the option beneficiary on the date of the option
beneficiary's death.
(d) Payments pursuant to this section shall include interest on
the remaining balance of accumulated retirement contributions
calculated from the date the last allowance payment was made to the
date the remaining balance of accumulated retirement contributions is
paid.

23882. Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other provision of
law, death payments and return of contributions pursuant to Sections
23880 and 23881, if any, may be requested by the beneficiary and paid
by the system as soon as practicable after receipt of proof of
death.