SECTIONS 25020-25023 - California Statutes

EDUCATION CODE

SECTION 25020-25023

25020. (a) A final benefit under the Defined Benefit Supplement
Program shall become payable when the system receives proof of the
member's death. For a member who died on or after January 1, 2010, no
benefit shall be paid to a beneficiary of the member pursuant to
other chapters of this part until the final benefit is paid pursuant
to this article.
(b) If the member's death occurs before an annuity under the
Defined Benefit Supplement Program becomes payable, the final benefit
shall be an amount equal to the balance of credits in the member's
Defined Benefit Supplement account on the date of the member's death,
plus minimum interest credited through the date of payment.
(c) Upon distribution of a final benefit in a lump-sum payment, no
other benefit shall be payable under the Defined Benefit Supplement
Program to the member's beneficiary.

25021. (a) A beneficiary, other than an entity, may elect to
receive the final benefit payable under the Defined Benefit
Supplement Program as an annuity payable in monthly installments
provided the balance of credits in the member's Defined Benefit
Supplement account that is payable to that beneficiary equals at
least three thousand five hundred dollars ($3,500).
(b) A beneficiary who elects to receive an annuity under this
section shall elect a period certain annuity. This form of payment is
an annuity equal to the actuarial equivalent of the balance of
credits in the member's Defined Benefit Supplement account on the
date of the member's death. The annuity shall be payable in whole
year increments over a period of years specified by the beneficiary,
from a minimum of three years to a maximum of 10 years, but not to
exceed the life expectancy of the beneficiary. The beneficiary may
designate a payee to receive the remaining balance of payments if the
beneficiary's death occurs prior to the end of the period certain.
(c) A beneficiary may designate a payee who would, upon the death
of the beneficiary, be entitled to receive the beneficiary's accrued
annuity allowance.

25022. (a) If the death of a member occurs while the member is
receiving an annuity under the Defined Benefit Supplement Program,
the final benefit shall be payable in accordance with the terms of
the annuity elected by the member.
(b) If the member was receiving a single life annuity without a
cash refund feature, a final benefit is not payable other than the
accrued annuity for the month in which the member's death occurred,
which shall be paid in a lump sum to the beneficiary designated by
the member pursuant to Section 23300.
(c) If the member was receiving a single life annuity with a cash
refund feature, the final benefit shall be payable in a lump sum to
the beneficiary designated by the member pursuant to Section 23300.
(d) If the member was receiving a joint and survivor annuity, the
annuity shall continue to be paid to the surviving designated annuity
beneficiary. If the designated annuity beneficiary predeceases the
member, a final benefit is not payable.
(e) If the member was receiving a period certain annuity, the
remaining balance of payments shall be paid to the beneficiary
designated by the member pursuant to Section 23300.
(f) A member may designate a beneficiary who would, upon the death
of the member, be entitled to the member's accrued annuity
allowance.

25022.5. (a) If the death of a nonmember spouse occurs while the
nonmember spouse is receiving an annuity under the Defined Benefit
Supplement Program, the final benefit shall be payable in accordance
with the terms of the annuity elected by the nonmember spouse.
(b) If the nonmember spouse was receiving a single life annuity
without a cash refund feature, a final benefit is not payable.
(c) If the nonmember spouse was receiving a single life annuity
with a cash refund feature, the final benefit shall be payable in a
lump sum to the nonmember spouse's beneficiary.
(d) If the nonmember spouse was receiving a period certain
annuity, the remaining balance of payments shall be paid to the payee
designated by the nonmember spouse pursuant to Section 22660.

25023. (a) Upon the death of an annuity beneficiary who was
receiving an annuity under a joint and survivor annuity elected by
the member no further payment shall be made other than the accrued
annuity for the month in which the annuity beneficiary's death
occurred, which shall be paid in a lump sum to the payee designated
by the annuity beneficiary.
(b) Upon the death of a beneficiary who was receiving a single
life annuity without a cash refund feature, no further payment shall
be made other than the accrued annuity for the month in which the
beneficiary's death occurred, which shall be paid in a lump sum to
the payee designated by the beneficiary.
(c) Upon the death of a beneficiary who was receiving a period
certain annuity, the actuarial equivalent of the remaining balance of
payments shall be paid in a lump sum to the payee designated by the
beneficiary pursuant to subdivision (c) of Section 25015.