SECTIONS 21530-21554 - California Statutes

GOVERNMENT CODE

SECTION 21530-21554

21530. (a) This system is liable for either the basic or special
death benefit upon the death of a member in any of the following
circumstances:
(1) Before the effective date of retirement, and (A) while in
state service, or (B) while absent on military service, provided the
member has made contributions during the absence under Section 20991
or has had contributions made on his or her behalf under Section
20997, or (C) within four months after discontinuance of state
service, or (D) while on an approved leave of absence, or (E) while
physically or mentally incapacitated for the performance of duty, if
the incapacity has been continuous from discontinuance of state
service, or (F) while employed as a member of a county retirement
system ; provided, the employment resulting in membership was begun
on or after October 1, 1957, and within 90 days after discontinuance
of state service.
(2) While in state service in partial service retirement pursuant
to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of
Part 2.6 or Sections 21110 through 21115.
(3) On or after the effective date of retirement and before the
mailing of a retirement allowance warrant and either within four
months of discontinuance of state service or while physically or
mentally incapacitated for the performance of duty if the incapacity
has been continuous from discontinuance of state service, and
providing all of the following conditions exist:
(A) The retirement of the member was not compulsory under Article
5 (commencing with Section 21130) of Chapter 12.
(B) The member has not elected optional settlement 2 or 3 or an
optional settlement 4 involving payment of an allowance throughout
the life of a beneficiary under Article 6 (commencing with Section
21450) of Chapter 13.
(C) A partially continued allowance under Sections 21624 through
21631, is not payable.
(b) This system is liable for a limited death benefit, which
consists only of the accumulated contributions of the member payable
to his or her beneficiary or estate, under the following
circumstances:
(1) Upon the death of a member before the effective date of his or
her retirement or, with respect to (A) any member whose retirement
was not compulsory under Article 5 (commencing with Section 21130) of
Chapter 12, and (B) any member who has not elected optional
settlement 2 or 3 or an optional settlement 4 involving payment of an
allowance throughout the life of a beneficiary under Article 6
(commencing with Section 21450) of Chapter 13, on or after that
effective date and before the mailing of the first retirement
allowance warrant.
(2) Under those circumstances in which this system is not liable
for either the basic or special death benefit provided in subdivision
(a) of this section, and a partially continued allowance under
Sections 21624 through 21631, is not payable.

21531. The basic death benefit and the limited death benefit shall
be paid as provided in this article to the beneficiary designated by
the member under Section 21490 or 21492.

21532. The basic death benefit is payable in all cases where the
retirement system is liable under Section 21530 for either the basic
or a special death benefit and the special death benefit is not
payable.
The basic death benefit shall consist of:
(a) The accumulated contributions of the member.
(b) If the member is not an insured member, or is an insured
member eligible for service retirement or the member is subject to
benefits pursuant to Section 21547, an amount, provided from
contributions by the state, or a contracting agency, equal to
one-twelfth of the annual compensation earnable by the deceased
during the 12 months immediately preceding his or her death, or the
compensation earnable by the member at the time of becoming eligible
for benefits pursuant to Section 21160 if higher, multiplied by the
number of completed years of current service credited to the member,
but not to exceed one-half of the annual compensation. If the member
is an insured member who is ineligible for service retirement and is
also credited with service as a local member only that service shall
be used in computing the amount under this subdivision and that
amount shall not be a part of the basic death benefit payable with
respect to the insured member.
(c) If the member is a state member, other than a school member,
who dies after becoming eligible for retirement with more than five
but less than six years credited service, an amount equal to 50
percent of the annual compensation earnable by the deceased member
during the 12 months immediately preceding his or her death.
The basic death benefit for a member who dies under the
circumstances described in subparagraph (F) of paragraph (1) of
subdivision (a) of Section 21530 shall not exceed an amount that,
when added to the death benefit paid for the member under the other
system, equals the maximum death benefit payable under that system,
if the death is not the result of injury or disease arising out of
and in the course of his or her employment under that system.
However, the benefit shall be at least equal to his or her
accumulated contributions. The basic death benefit for the member
shall be the amount of his or her accumulated contributions if death
is the result of disease or injury arising out of and in the course
of employment under the other system.

21533. Notwithstanding Section 20636, if a member who is an
academic employee of the California State University dies while on a
leave with pay, or within 12 months following a leave with pay,
during which the member received compensation in an amount less than
the full compensation earnable by him or her when not on leave with
pay, the benefit payable under subdivision (b) of Section 21532 shall
be based on the full compensation earnable by the member when not on
leave with pay.

21534. Liability imposed on this system with respect to the death
of a member who is an academic employee of the California State
University while on, or within 12 months following, a leave with pay
during which the member received compensation in an amount less than
the full compensation earnable by him or her when not on leave with
pay shall extend to the death of the members occurring on or after
January 1, 1973, and to any benefit for which there would have been
liability with respect to the death had Section 21533 been effective
on that date.

21535. Notwithstanding Section 20178, for member deaths occurring
on or after January 1, 1994, if the actuarial interest rate exceeds 6
percent, the accumulated contributions of a member payable pursuant
to subdivision (a) of Section 21532 shall be increased by a factor
determined by the board that is based on the difference between the
current actuarial interest rate defined in Section 20014 and the 6
percent interest crediting rate on member contributions. If the
actuarial interest rate is less than 6 percent, no increase may be
provided under this section.

21536. In the determination of the portion of the basic death
benefit provided in subdivision (b) of Section 21532, for local
members who were members of a local retirement system at the time of
that system's discontinuance wholly or in part as provided in Section
20483, service included in the calculation of the completed years of
service shall not be limited to service under this system, but
instead service rendered as members of the local system, shall also
be included.
This section shall not apply to employees of any contracting
agency nor to any such agency unless and until the contracting agency
elects to be subject to its provisions by amendment to its contract
with the board, made as provided in Section 20474, or unless the
agency's contract with the board includes at its effective date, a
provision making the agency and its employees subject to the
provisions of this section.

21537. (a) The special death benefit is payable if the deceased was
a patrol, state peace officer/firefighter, state safety, state
industrial, or local safety member, if his or her death was
industrial and if there is a survivor who qualifies under subdivision
(b) of Section 21541. The Workers' Compensation Appeals Board, using
the same procedures as in workers' compensation hearings, shall in
disputed cases determine whether the death of a member was
industrial.
(b) The jurisdiction of the Workers' Compensation Appeals Board
shall be limited solely to the issue of industrial causation, and
this section shall not be construed to authorize the Workers'
Compensation Appeals Board to award costs against this system
pursuant to Section 4600, 5811, or any other provision of the Labor
Code.
(c) This section does not apply to state safety members described
in Section 20401.5 or local safety members described in Section
20423.6.
(d) (1) For purposes of this section, the special death benefit is
payable as of the effective date of the industrial disability
retirement of the member if the death of the member occurred from a
single event injury arising out of and in the course of his or her
official duties which, based on competent medical opinion, rendered
the member into a persistent vegetative state devoid of cognitive
function at the time of injury until the time of death.
(2) This subdivision applies only to a member who retired and then
died on or after July 3, 2006.

21537.5. (a) The special death benefit is payable if the deceased
was a state miscellaneous member in State Bargaining Unit 12 employed
by the Department of Transportation, if his or her death occurred as
a direct result of injury arising out of and in the course of his or
her official duties with the department working on the California
highway system performing highway maintenance, and if there is a
survivor who qualifies under subdivision (b) of Section 21541. The
Workers' Compensation Appeals Board, using the same procedures as in
workers' compensation hearings, shall in disputed cases determine
whether the death of the member occurred as a result of that injury.
(b) The jurisdiction of the Workers' Compensation Appeals Board
shall be limited solely to the issue of industrial causation, and
this section may not be construed to authorize the Workers'
Compensation Appeals Board to award costs against this system
pursuant to Section 4600, 5811, or any other provision of the Labor
Code.
(c) This section shall not become operative unless and until a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization making this section
applicable to those members described in subdivision (a).

21538. The special death benefit is also payable if the deceased
was a state member appointed by the Governor, the Director of
Corrections, or the Board of Prison Terms, if his or her death
occurred as a result of injury or disease arising out of and in the
course of his or her official duties within a state prison or
facility of the Department of Corrections, and if there is a survivor
who qualifies under subdivision (b) of Section 21541. The Workers'
Compensation Appeals Board, using the same procedure as in workers'
compensation hearings, shall in disputed cases determine whether the
death of the member occurred as a result of the injury or disease.
The jurisdiction of the Workers' Compensation Appeals Board shall
be limited solely to the issue of industrial causation, and this
section shall not be construed to authorize the Workers' Compensation
Appeals Board to award costs against this system pursuant to Section
4600 or 5811 or any other provision of the Labor Code.

21539. The special death benefit payable with respect to a member
who at death prior to March 7, 1973, was a warden, forestry, harbor
police, or law enforcement member shall be continued in accordance
with the provisions of this part as they read and applied to that
benefit on the day preceding that date.

21540. The special death benefit is also payable if the deceased
was the Secretary of the Youth and Adult Corrections Agency, or was a
state member appointed by the Secretary of the Youth and Adult
Corrections Agency, the Department of the Youth Authority, the
Superintendent of the California Institution for Women, or the Women'
s Board of Terms and Paroles, the Board of Corrections, or was a
member of the Board of Corrections or the Department of the Youth
Authority not already classified as a prison member, provided that
his or her death occurred as a result of misconduct of an inmate of a
state prison, correctional school, or facility of the Department of
Corrections or the Department of the Youth Authority, or a parolee
therefrom.
The special death benefit provided by this section is not payable
unless the death of the member arose out of and was in the course of
his or her official duties and unless there is a survivor who
qualifies under subdivision (b) of Section 21541. The Workers'
Compensation Appeals Board, using the same procedure as in workers'
compensation hearings, shall, in disputed cases, determine whether
the member's death arose out of and in the course of his or her
official duties.
A natural parent of surviving children eligible to receive an
allowance payable under this section shall not be required to become
the guardian of surviving unmarried children under 18 years of age in
order to be paid the benefits prescribed for those children.
The jurisdiction of the Workers' Compensation Appeals Board shall
be limited solely to the issue of industrial causation, and this
section shall not be construed to authorize the Workers' Compensation
Appeals Board to award costs against this system pursuant to Section
4600 or 5811 or any other provision of the Labor Code.

21540.5. (a) The special death benefit is also payable if the
deceased was a state, school, or local miscellaneous member, a local
safety member described in Section 20423.6, or a state safety member
described in Section 20401.5, if the death of the member was a direct
consequence of a violent act perpetrated on his or her person that
arose out of and was in the course of his or her official duties and
there is a survivor who qualifies under paragraph (2) of subdivision
(a) of Section 21541. The Workers' Compensation Appeals Board, using
the same procedure as in workers' compensation hearings, shall, in
disputed cases determine whether the member's death was a direct
consequence of a violent act perpetrated on his or her person that
arose out of and in the course of his or her official duties.
(b) A natural parent of surviving children eligible to receive an
allowance payable under this section is not required to become the
guardian of surviving unmarried children under 18 years of age in
order to be paid the benefits prescribed for those children.
(c) The jurisdiction of the Workers' Compensation Appeals Board
shall be limited solely to the issue of industrial causation, and
this section may not be construed to authorize the Workers'
Compensation Appeals Board to award costs against this system
pursuant to Section 4600 or 5811 or any other provision of the Labor
Code.
(d) This section does not apply to a contracting agency nor its
employees unless and until the agency elects to be subject to it by
amendment to its contract made in the manner prescribed for approval
of contracts, or in the case of a new contract, by express provision
of the contract.

21541. (a) The special death benefit consists of the following:
(1) An amount equal to and derived from the same source as the
basic death benefit exclusive of the contributions from which the
annuity provided under paragraph (4) is paid.
(2) An amount sufficient, when added to the amount provided under
paragraph (1), to provide, when applied according to tables adopted
by the board, a monthly death allowance equal to one-half of his or
her final compensation in the membership category applicable to him
or her at the time of the injury, or the onset of the disease,
causing death, as adjusted pursuant to subdivision (b), which amount
shall be payable to the surviving spouse to whom he or she was
married either continuously for at least one year prior to death, or
prior to sustaining the injury or disease resulting in death, as long
as the surviving spouse lives; or, if there is no surviving spouse
or if the spouse dies before all children of the deceased member
attain the age of 22 years, to his or her children under the age of
22 years collectively until every child shall have died, married, or
attained the age of 22 years. However, no child shall receive any
part of the allowance after marrying or attaining the age of 22
years. The increases described in this section shall only apply to
spouses of deceased members who would have been less than 50 years of
age, if still living on January 1, 2001.
(3) During the lifetime of the surviving spouse, an additional
percentage of the death benefit allowed by this section, exclusive of
the annuity under paragraph (4), shall be paid to the spouse of a
member who is killed in the performance of his or her duty or who
dies as a result of an accident or an injury caused by external
violence or physical force, incurred in the performance of his or her
duty, for each of his or her children during the lifetime of the
child, or until the child marries or reaches the age of 22 years, as
follows: for one child, 25 percent; for two children, 40 percent; and
for three or more children, 50 percent.
(4) An annuity that is the actuarial equivalent, assuming monthly
payments for life to the surviving spouse, of the deceased's
accumulated additional contributions at the date of his or her death,
plus his or her accumulated contributions at that date based on
compensation earned in any membership category other than the
category applicable to him or her at the time of the injury or the
onset of the disease causing death.
(b) For purposes of this section only, the deceased member's final
compensation shall be deemed to increase, and the death benefit
under paragraph (2) of subdivision (a) shall be increased
correspondingly, at any time and to the extent the compensation is
increased for then-active members employed in the job classification
and membership category that was applicable to the deceased member at
the time of the injury, or the onset of the disease, causing death.
The deceased member's final compensation shall be deemed to be
subject to further increases hereunder only until the earlier of (1)
the death of the surviving spouse or (2) the date that the deceased
member would have attained the age of 50 years.
(c) Monthly allowances shall be adjusted annually for time
commencing on the first day of September and effective with the
monthly allowance regularly payable on the first day of the October
beginning with October 1, 2001. The employer of the deceased member
shall be responsible for reporting and certifying top range salary
rates by the first day of July, beginning with July 1, 2001.
(d) If the surviving spouse does not have custody of the member's
children, the additional amount payable pursuant to this section
shall be payable to the person having custody of the children for
each child during the lifetime of the child, or until the child
marries or reaches the age of 22 years.
(e) The computation for time prior to entering the membership
category applicable to the deceased at the time of the injury, or the
onset of the disease, causing death shall be based on the
compensation earnable by him or her in the position first held by him
or her in that category.
(f) For purposes of this section:
(1) "Child" means a natural or adopted child of the deceased
member, or a stepchild living or domiciled with the deceased member
at the time of his or her death.
(2) "Spouse" means a wife or husband.
(g) This section shall apply to all contracting agencies and to
the employees of all contracting agencies.
(h) For purposes of Section 21313, the base allowance shall be the
allowance as increased under this section. The base year for annual
adjustments of allowances increased by this section shall be the
calendar year preceding the year of the adjustment.
(i) The amount of the death benefit payable pursuant to this
section on and after January 1, 2001, with respect to any member who
died prior to that date, shall be recalculated on and after that date
pursuant to subdivision (b).

21541.5. Any child whose benefits under Section 21541 were
terminated upon his or her adoption, pursuant to that section as it
read prior to January 1, 2001, shall have those benefits restored as
follows:
(a) The child shall receive a lump-sum payment in the amount that
would have paid, if he or she had not been adopted, from the date of
adoption to the earlier of (1) the date his or her eligibility for
benefits under Section 21541 would have otherwise terminated had he
or she not been adopted or (2) January 1, 2001.
(b) If on January 1, 2001, the child is eligible for benefits
under Section 21541, he or she shall receive benefits from and after
that date pursuant to Section 21541.

21542. The special death benefit shall begin to accrue on the day
next following the date of the member's death, and shall be paid in
monthly installments to the surviving spouse and children as
prescribed in Section 21541. The surviving spouse or the guardian of
the minor child or children entitled to the special death benefit may
elect, before the first payment, to receive the basic death benefit
in lieu of the special death benefit. The election precludes a claim
to benefits under Section 4707 of the Labor Code as the special death
benefit is deemed payable by this system and is irrevocable.

21543. If payment of the special death benefit is stopped because
of death of the surviving spouse or death, marriage, or attainment of
the age of 22 years by a child before the sum of the monthly payment
made, exclusive of the annuity derived from the accumulated
additional contribution of the deceased, equals the basic death
benefit, a lump sum equal to the difference shall be paid to the
surviving children of the deceased member, share and share alike, or
if there are no children, to the estate of the person last entitled
to the allowance. In that event, the accumulated additional
contributions of the deceased, as they were at his or her death, less
the annuity paid as derived from those contributions, and plus
interest credited to the accumulated additional contributions, shall
be paid in the manner provided in this article for the payments of
amounts due in the absence of a designated beneficiary.

21544. Upon notice of a death as a result of which the special
death benefit may be payable, and when there is a survivor who would
qualify under subdivision (b) of Section 21541, the board, or in
disputed cases, the Workers' Compensation Appeals Board, shall
determine whether the death was industrial, and pending final
determination of the issue, the board shall temporarily pay special
death benefits. The temporary payments shall be deducted from any
other death benefits otherwise payable if the death is determined not
to be industrial.

21546. (a) Upon the death of a member who has attained the minimum
age for voluntary service retirement applicable to the member in his
or her last employment preceding death, and who is eligible to retire
and in circumstances in which the basic death benefit is payable
other than solely that of membership in a county retirement system,
or a retirement system maintained by the university, a monthly
allowance shall be payable as follows:
(1) To the member's surviving spouse as long as the spouse lives.
(2) To the children under the age of 18 years collectively if
there is no surviving spouse or if the surviving spouse dies before
all children of the deceased member attain the age of 18 years, until
every child dies or attains the age of 18 years. No child shall
receive any allowance after marrying or attaining the age of 18
years.
(b) The monthly allowance under this section shall be equal to
one-half of, and derived from the same source as, the unmodified
retirement allowance the member would have been entitled to receive
if he or she had retired for service on the date of death. If,
however, the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be equal to one-half of
that portion of the member's unmodified retirement allowance that
would have been derived from the nonmember spouse's community
property interest in the member's contributions and service credit.
(c) If a member does not have a surviving spouse nor any children
under the age of 18 years at the time of death, no allowance shall be
payable under this section.
(d) No allowance shall be payable under this section if a special
death benefit is payable.
(e) (1) The allowance provided by this section shall be paid in
lieu of the basic death benefit but a surviving spouse qualifying for
the allowance may elect, before the first payment on account of it,
to receive the basic death benefit in lieu of the allowance.
(2) The allowance provided by this section shall be paid in lieu
of the basic death benefit but the guardian of the minor child or
children qualifying for the allowance may elect, before the first
payment on account of it, to receive the basic death benefit in lieu
of the allowance. If an election of the basic death benefit is made,
the basic death benefit shall be paid to all the member's surviving
children, regardless of age or marital status, in equal shares.
(f) If the total of the payments made pursuant to this section are
less than the basic death benefit that was otherwise payable on
account of the member's death, the amount of the basic death benefit
less any payments made pursuant to this section shall be paid in a
lump sum to the surviving children of the member, share and share
alike, or if there are no children, to the estate of the person last
entitled to the allowance.
(g) The board shall compute the amount by which benefits paid
pursuant to this section exceed the benefits that would otherwise be
payable and shall charge any excess against the contributions of the
state so that there shall be no increase in contributions of members
by reason of benefits paid pursuant to this section.
(h) As used in this section, "a surviving spouse" means a spouse
who was either married to the member for at least one year prior to
the member's death, or was married to the member prior to the
occurrence of the injury or the onset of the illness that resulted in
death, and "child" includes a posthumously born child of the member.
(i) On and after April 1, 1972, this section shall apply to all
contracting agencies and to the employees of those agencies with
respect to deaths occurring after April 1, 1972, whether or not the
agencies have previously elected to be subject to this section.

21547. (a) Notwithstanding any other provision of this article
requiring attainment of the minimum age for voluntary service
retirement to the member in his or her last employment preceding
death, upon the death of a state member on or after January 1, 1993,
who is credited with 20 years or more of state service, the surviving
spouse, or eligible children if there is no surviving spouse, may
receive a monthly allowance in lieu of the basic death benefit. The
board shall notify the eligible survivor, as defined in Section
21546, of this alternate death benefit. The board shall calculate the
monthly allowance that shall be payable as follows:
(1) To the member's surviving spouse, an amount equal to the
amount the member would have received if the member had retired for
service at minimum retirement age on the date of death and had
elected optional settlement 2 and Section 21459.
(2) If the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be based only on that
portion of the amount the member would have received described in
paragraph (1) that would have been derived from the nonmember spouse'
s community property interest in the member's contributions and
service credit.
(3) If there is no surviving spouse or the spouse dies before all
of the children of the deceased member attain the age of 18 years, to
the surviving children, under the age of 18 years, collectively, an
amount equal to one-half of, and derived from the same source as, the
unmodified allowance the member would have received if he or she had
retired for service at minimum retirement age on the date of death.
No child shall receive any allowance after marrying or attaining the
age of 18 years. As used in this paragraph, "surviving children"
includes a posthumously born child or children of the member.
(b) This section shall only apply to members employed in state
bargaining units for which a memorandum of understanding has been
agreed to by the state employer and the recognized employee
organization to become subject to this section, members who are
excluded from the definition of state employees in subdivision (c) of
Section 3513, and members employed by the executive branch of
government who are not members of the civil service.
(c) For purposes of this section, "state service" means service
rendered as a state employee, as defined in Section 19815. This
section shall not apply to any contracting agency nor to the
employees of any contracting agency.
(d) For purposes of this section, "state service" includes service
to the state for which the member, pursuant to Section 20281.5, did
not receive credit.

21547.5. For any survivor receiving a monthly allowance pursuant to
Section 21547 prior to January 1, 2000, that allowance shall be
adjusted as of January 1, 2000, to equal the amount that the survivor
would have been entitled to receive if the member's death had
occurred on or after January 1, 2000. The adjusted allowance shall be
payable only on and after January 1, 2000.

21547.7. (a) Notwithstanding any other provision of this article
requiring attainment of the minimum age for voluntary service
retirement applicable to him or her in his or her last employment
preceding death, upon the death of a local firefighter member while
in the employ of an agency subject to this section on or after
January 1, 2001, who is credited with 20 years or more of state
service, the surviving spouse, or eligible children, if there is no
eligible spouse, may receive a monthly allowance in lieu of the basic
death benefit. The board shall notify the eligible survivor, as
defined in Section 21546, of this alternate death benefit. The board
shall calculate the monthly allowance that shall be payable as
follows:
(1) To the member's surviving spouse, an amount equal to the
amount the member would have received if he or she had retired for
service at the minimum retirement age on the date of death and had
elected optional settlement 2 and Section 21459. The retirement
allowance shall be calculated using all service earned by the member
in this system.
(2) If the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be based only on that
portion of the amount the member would have received described in
paragraph (1) that would have been derived from the nonmember spouse'
s community property interest in the member's contributions and
service credit.
(3) If there is no surviving spouse or the spouse dies before all
of the children of the deceased member attain the age of 18 years, to
the surviving children, under the age of 18 years, collectively, an
amount equal to one-half of, and derived from the same source as, the
unmodified allowance the member would have received if he or she had
retired for service at the minimum retirement age on the date of
death. No child shall receive any allowance after marrying or
attaining the age of 18 years. As used in this paragraph, "surviving
children" includes a posthumously born child or children of the
member. The retirement allowance shall be calculated using all
service earned by the member in this system.
(4) The cost of the allowance paid pursuant to this subdivision
shall be paid from the assets of the employer at the member's date of
death. All member contributions made by the member to this system
shall be transferred to the plan assets of the employer liable for
the funding of this benefit.
(b) (1) Upon the death of a local firefighter member while in the
employ of an agency subject to this section on or after January 1,
2001, who is credited with 20 years or more of state service and who
has attained the minimum age for voluntary service retirement
applicable to him or her in his or her last employment preceding
death, the surviving spouse may elect to receive a monthly allowance
that is equal to the amount that member would have received if the
member had been retired from service on the date of death and had
elected optional settlement 2 and Section 21459 in lieu of the basic
death benefit. The retirement allowance shall be calculated using all
service earned by the member in this system.
(2) If the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be based only on that
portion of the amount the member would have received described in
paragraph (1) that would have been derived from the nonmember spouse'
s community property interest in the member's contributions and
service credit.
(3) If there is no surviving spouse or the spouse dies before all
of the children of the deceased member attain the age of 18 years,
the allowance shall continue to the surviving children, under the age
of 18 years, collectively, in an amount equal to one-half of, and
derived from the same source as, the unmodified allowance the member
would have received if he or she had been retired from service on the
date of death. No child shall receive any allowance after marrying
or attaining the age of 18 years. As used in this paragraph,
"surviving children" includes a posthumously born child or children
of the member. The retirement allowance will be calculated using all
service earned by the member in this system.
(4) The cost of the increase in service allowance paid pursuant to
this subdivision shall be paid from the assets of the employer at
the member's date of death.
(c) This section shall not apply to any contracting agency, nor to
the employees of any contracting agency, unless and until the agency
elects to be subject to this section by amendment to its contract
made in the manner prescribed for approval of contracts, except that
an election among the employees is not required.

21548. (a) The surviving spouse of a member who has attained the
minimum age for voluntary service retirement applicable to the member
in his or her last employment preceding death, and who is eligible
to receive an allowance pursuant to Section 21546, shall instead
receive an allowance that is equal to the amount that the member
would have received if the member had been retired from service on
the date of death and had elected optional settlement 2 and Section
21459.
(b) The surviving spouse of a member who has attained the minimum
age for voluntary service retirement applicable to the member in his
or her last employment preceding death, and who is eligible to
receive a special death benefit in lieu of an allowance under Section
21546, may elect to instead receive an allowance that is equal to
the amount that the member would have received if the member had been
retired from service on the date of death and had elected optional
settlement 2 and Section 21459.
(c) If the member made a specific beneficiary designation under
Section 21490, the allowance under this section shall be based only
on that portion of the amount the member would have received
described in subdivision (a) or (b) that would have been derived from
the nonmember spouse's community property interest in the member's
contributions and service credit.
(d) The allowance provided by this section shall be payable as
long as the surviving spouse lives. Upon the death of the surviving
spouse, the benefit shall be continued to minor children, as defined
in Section 6500 of the Family Code, or a lump sum shall be paid as
provided under circumstances specified in Section 21546 or in
Sections 21541 and 21543, as the case may be.
(e) The allowance provided by this section shall be paid in lieu
of the basic death benefit, but the surviving spouse qualifying for
the allowance may elect before the first payment on account of it to
receive the basic death benefit in lieu of the allowance.
(f) This section shall apply with respect to state members whose
death occurs on and after July 1, 1976.
(g) All references in this code to Section 21546 shall be deemed
to include this section in the alternative.
(h) This section shall not apply to any contracting agency nor to
the employees of any contracting agency unless and until the agency
elects to be subject to this section by amendment to its contract
made in the manner prescribed for approval of contracts, except that
an election among the employees is not required, or, in the case of
contracts made after January 1, 1985, by express provision in the
contract making the contracting agency subject to this section.

21551. Notwithstanding any other provision of this part, the
benefits payable to a surviving spouse pursuant to Sections 21541,
21546, 21547, 21548, and Article 3 (commencing with Section 21570),
do not cease upon remarriage if the remarriage occurs on or after
September 19, 1989, for surviving spouses of deceased state members,
January 1, 1991, for surviving spouses of deceased school members,
upon the date a contracting agency elected to be subject to this
section for deceased local members, or January 1, 2000, for spouses
of deceased local members if the contracting agency has not elected
to be subject to this section. Any surviving spouse who elected the
reduction specified in Section 21500 as it read prior to January 1,
2000, shall be restored to the lifetime allowance to which he or she
was originally entitled effective September 19, 1989, for state
members, January 1, 1991, for school members, upon the date a
contracting agency elected to be subject to this section, or January
1, 2000, if the contracting agency has not elected to be subject to
this section.
Pursuant to Section 22822, the surviving spouse who remarries may
not enroll his or her new spouse or stepchildren as family members
under the continued health benefits coverage of the surviving spouse.
Any surviving spouse whose allowance has been discontinued as a
result of remarriage prior to the effective date of this section
shall have that allowance restored and resumed on January 1, 2000, or
the first of the month, following receipt by the board of a written
application from the spouse for resumption of the allowance,
whichever is later. The amount of the benefits due shall be
calculated as though the allowance had never been reduced or
discontinued because of remarriage, and is not payable for the period
between the date of discontinuance because of remarriage and January
1, 2000. The board has no duty to identify, locate, or notify a
spouse who previously had his or her allowance discontinued because
of remarriage.

21552. Notwithstanding any other provision of this part, on and
after the effective date of this section, the remarriage of any
surviving spouse of any deceased local safety member who was a
firefighter, or peace officer as described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, who died
in the line of duty, shall not result in the reduction or cessation
of any monthly allowance the spouse was receiving pursuant to Section
21541 and Article 3 (commencing with Section 21570).

21553. (a) The monthly allowance pursuant to Section 21541 and
Article 3 (commencing with Section 21570), paid to the surviving
spouse of any deceased local safety member who was a firefighter, or
peace officer as described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, who died in the line of
duty, shall be restored if that allowance has been reduced or
discontinued upon the spouse's remarriage. The allowance shall be
resumed on the effective date of this section, or the first of the
month, following receipt by the board of a written application from
the spouse for resumption of the allowance, whichever is later.
(b) The amount of the benefits due shall be calculated as though
the allowance had never been reduced or discontinued because of
remarriage, and shall not be payable for the period between the date
of reduction or discontinuance and the effective date of resumption.
(c) The board has no duty to identify, locate, or notify a spouse
who previously had his or her allowance reduced or discontinued
because of remarriage.
(d) Any surviving spouse shall be entitled to restoration of
terminated or diminished benefits upon application to the system if
he or she previously qualified for special death benefits because his
or her spouse died in the line of duty.

21554. (a) The monthly allowance pursuant to Section 21541 and
Article 3 (commencing with Section 21570), paid to the surviving
spouse of any deceased patrol, state safety, or state peace
officer/firefighter member, who died in the line of duty shall be
restored if that allowance has been discontinued upon the spouse's
remarriage. The allowance shall be resumed on the effective date of
this section, or the first of the month, following receipt by the
board of a written application from the spouse for resumption of the
allowance, whichever is later.
(b) The amount of the benefits due shall be calculated as though
the allowance had never been discontinued because of remarriage, and
shall not be payable for the period between the date of
discontinuance and the effective date of resumption.
(c) The board has no duty to identify, locate, or notify a spouse
who previously had his or her allowance discontinued because of a
remarriage.
(d) Any surviving spouse shall be entitled to restoration of
terminated benefits upon application to the system if he or she
previously qualified for special death benefits because his or her
spouse died in the line of duty.