SECTIONS 21570-21583 - California Statutes

GOVERNMENT CODE

SECTION 21570-21583

21570. No person shall receive more than one allowance under this
article and that allowance shall be the largest of the monthly
allowances to which he or she would otherwise be entitled.

21571. (a) If the death benefit provided by Section 21532 is
payable on account of a member's death that occurs under
circumstances other than those described in subparagraph (F) of
paragraph 1 of subdivision (a) of Section 21530, or if an allowance
under Section 21546 is payable, the payment pursuant to subdivision
(b) shall be made, in the following order of priority:
(1) The surviving wife or surviving husband of the member, who has
the care of unmarried children, including stepchildren, of the
member who are under 22 years of age, or are incapacitated because of
disability that began before and has continued without interruption
after attainment of that age.
(2) The guardian or conservator of surviving unmarried children,
including stepchildren, of the member who are under 22 years of age
or are so incapacitated.
(3) The surviving wife or surviving husband of the member, who
does not qualify under paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid three hundred sixty
dollars ($360) if there is one child or four hundred thirty dollars
($430) per month if there are two or more children. If there also are
children who are not in the care of the surviving spouse, the
portion of the allowance payable under this paragraph, assuming that
these children were in the care of the surviving spouse, which is in
excess of one hundred eighty dollars ($180) per month, shall be
divided equally among all those children and payments made to the
spouse and other children, as the case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid one
hundred eighty dollars ($180) per month.
(B) If there are two children, the children shall be paid three
hundred sixty dollars ($360) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid four hundred thirty dollars ($430) per month divided equally
among them.
(3) A surviving spouse who has attained or attains the age of 62
years and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or who was married to the member prior to the occurrence of
the injury or onset of the illness which resulted in death, shall be
paid one hundred eighty dollars ($180) per month. No allowance shall
be paid under this paragraph, while the surviving spouse is receiving
an allowance under paragraph (1), or while an allowance is being
paid under subparagraph (C) of paragraph (2). The allowance paid
under this paragraph shall be seventy dollars ($70) per month while
an allowance is being paid under subparagraph (B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for a 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse dies
and the children die or marry or, if not incapacitated, reach age
22, each of the member's dependent parents who has attained or
attains the age of 62, and who received at least one-half of his or
her support from the member at the time of the member's death, shall
be paid one hundred eighty dollars ($180) per month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.
(d) The amendments to this section by Chapter 1617 of the Statutes
of 1971 shall apply only to 1959 survivor allowances payable April
1, 1972, and thereafter.
(e) This section does not apply to any member in the employ of an
employer not subject to this section on January 1, 1994.
(f) On and after the date determined by the board, all assets and
liabilities of all contracting agencies subject to this section, and
their employees, on account of benefits provided under this article
shall be pooled into a single account, and a single employer rate
shall be established to provide benefits under this section on
account of members employed by a contracting agency that is subject
to this section.
(g) The rate of contribution of an employer subject to this
section shall be figured using the term insurance valuation method.
If a contracting agency that is subject to this section is projected
to have a surplus in its 1959 survivor benefit account as of the date
the assets and liabilities are first pooled, the surplus shall be
applied to reduce its rate of contribution. If a contracting agency
that is subject to this section is projected to have a deficit in its
1959 survivor benefit account as of the date the assets and
liabilities are first pooled, its rate of contribution shall be
increased until the projected deficit is paid.

21572. (a) In lieu of benefits provided in Section 21571, if the
death benefit provided by Section 21532 is payable on account of a
state member's death that occurs under circumstances other than those
described in subparagraph (F) of paragraph (1) of subdivision (a) of
Section 21530, or if an allowance under Section 21546 is payable,
the payment pursuant to subdivision (b) shall be made in the
following order of priority:
(1) The surviving wife or surviving husband of the member who has
the care of unmarried children, including stepchildren, of the member
who are under 22 years of age or are incapacitated because of a
disability that began before and has continued without interruption
after attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are under 22 years of age or are so
incapacitated.
(3) The surviving wife or surviving husband of the member who does
not qualify under paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid four hundred fifty
dollars ($450) per month if there is one child or five hundred
thirty-eight dollars ($538) per month if there are two or more
children. If there also are children who are not in the care of the
surviving spouse, the portion of the allowance payable under this
paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of two hundred twenty-five
dollars ($225) per month, shall be divided equally among all those
children and payments made to the spouse and other children, as the
case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid two
hundred twenty-five dollars ($225) per month.
(B) If there are two children, the children shall be paid four
hundred fifty dollars ($450) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid five hundred thirty-eight dollars ($538) per month divided
equally among them.
(3) A surviving spouse who has attained or attains the age of 62
years and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or was married to the member prior to the occurrence of the
injury or onset of the illness that resulted in death, shall be paid
two hundred twenty-five dollars ($225) per month. No allowance shall
be paid under this paragraph while the surviving spouse is receiving
an allowance under paragraph (1) or while an allowance is being paid
under subparagraph (C) of paragraph (2). The allowance paid under
this paragraph shall be eighty-eight dollars ($88) per month while an
allowance is being paid under subparagraph (B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for a 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse dies
and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has attained
or attains the age of 62 years, and who received at least one-half
of his or her support from the member at the time of the member's
death, shall be paid two hundred twenty-five dollars ($225) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.
(d) This section shall apply to beneficiaries receiving 1959
survivor allowances on July 1, 1975, as well as to beneficiaries with
respect to the death of a state member occurring on or after July 1,
1975.
(e) This section shall apply, with respect to benefits payable on
and after July 1, 1981, to all members employed by a school employer,
and school safety members employed with a school district or
community college district as defined in subdivision (i) of Section
20057, except that it shall not apply, without contract amendment,
with respect to safety members who became members after July 1, 1981.
All assets and liabilities of all school employers, and their
employees, on account of benefits provided under this article shall
be pooled into a single account, and a single employer rate shall be
established to provide benefits under this section on account of all
miscellaneous members employed by a school employer and all safety
members who are members on July 1, 1981.
(f) This section does not apply to any member in the employ of an
employer not subject to this section on January 1, 1994.
(g) On and after January 1, 2000, all state members covered by
this section shall be covered by the benefit provided under Section
21574.7.
(h) On and after the date determined by the board, all assets and
liabilities of all contracting agencies subject to this section, and
their employees, on account of benefits provided under this article
shall be pooled into a single account, and a single employer rate
shall be established to provide benefits under this section on
account of members employed by a contracting agency that is subject
to this section.
(i) The rate of contribution of an employer subject to this
section shall be figured using the term insurance valuation method.
If a contracting agency that is subject to this section is projected
to have a surplus in its 1959 survivor benefit account as of the date
the assets and liabilities are first pooled, the surplus shall be
applied to reduce its rate of contribution. If a contracting agency
that is subject to this section is projected to have a deficit in its
1959 survivor benefit account as of the date the assets and
liabilities are first pooled, its rate of contribution shall be
increased until the projected deficit is paid.

21573. (a) In lieu of benefits provided in Section 21571 or Section
21572, if the death benefit provided by Section 21532 is payable on
account of a state member's death that occurs under circumstances
other than those described in subparagraph (F) of paragraph (1) of
subdivision (a) of Section 21530, or if an allowance under Section
21546 is payable, the payment pursuant to subdivision (b) shall be
made in the following order of priority:
(1) The surviving wife or surviving husband of the member who has
the care of unmarried children, including stepchildren, of the member
who are under 22 years of age or are incapacitated because of a
disability that began before and has continued without interruption
after attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are under 22 years of age or are so
incapacitated.
(3) The surviving wife or surviving husband of the member who does
not qualify under paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or who was married to
the member prior to the occurrence of the injury or onset of the
illness that resulted in death, and has the care of unmarried
children, including stepchildren, of the deceased member who are
under 22 years of age or are so incapacitated, shall be paid seven
hundred dollars ($700) per month if there is one child, or eight
hundred forty dollars ($840) per month if there are two or more
children. If there also are children who are not in the care of the
surviving spouse, the portion of the allowance payable under this
paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of three hundred fifty dollars
($350) per month, shall be divided equally among all those children
and payments made to the spouse and other children, as the case may
be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid three
hundred fifty dollars ($350) per month.
(B) If there are two children, the children shall be paid seven
hundred dollars ($700) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid eight hundred forty dollars ($840) per month divided equally
among them.
(3) A surviving spouse who has attained or attains the age of 62
years, and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or who was married to the member prior to the occurrence of
the injury or onset of the illness that resulted in death, shall be
paid three hundred fifty dollars ($350) per month. No allowance shall
be paid under this paragraph while the surviving spouse is receiving
an allowance under paragraph (1) or while an allowance is being paid
under subparagraph (C) of paragraph (2). The allowance paid under
this paragraph shall be one hundred forty dollars ($140) per month
while an allowance is being paid under subparagraph (B) of paragraph
(2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 62 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid three hundred fifty dollars ($350) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall apply to beneficiaries of state members
whose death occurred before January 1, 1985. Where a surviving spouse
attained the age of 62 years prior to January 1, 1987, entitlement
shall exist retroactive to January 1, 1985, or to his or her 62nd
birthday, whichever is later. All assets and liabilities of all state
agencies and their employees on account of benefits provided to
beneficiaries specified in this subdivision shall be pooled into a
single account. The board shall transfer from the reserve for 1959
survivor contributions retained in the retirement fund an amount
sufficient to pay the cost of the increased benefits provided by this
subdivision for beneficiaries of members who died on or before
December 31, 1984.
(e) This section shall not apply to beneficiaries with respect to
the death of a state member, except as provided in subdivision (i),
occurring on or after January 1, 1985, unless provided for in a
memorandum of understanding reached pursuant to Section 3517.5, or
authorized by the Director of Personnel Administration for
classifications of state employees that are excluded from, or not
subject to, collective bargaining. The memorandum of understanding
adopting this section shall be controlling without further
legislative action, except that if those provisions of a memorandum
of understanding require the expenditure of funds, those provisions
shall not become effective unless approved by the Legislature as
provided by law.
(f) This section shall apply, with respect to benefits payable on
and after January 1, 1985, to school members and to school safety
members, as defined in Section 20444. All assets and liabilities of
all school employers, and their employees, on account of benefits
provided under this article shall be pooled into a single account,
and a single employer rate shall be established to provide benefits
under this section on account of school members employed by a school
employer.
(g) This section shall apply to members of a contracting agency
that, in its original contract or by amending its contract, first
elects effective on or after January 1, 1985, and prior to July 1,
2001, to make this article applicable to local members employed by
the agency. On or after January 1, 1985, and prior to July 1, 2001,
contracting agencies already subject to Section 21571 or Section
21572 may elect by contract amendment to be subject to this section.
All assets and liabilities of all contracting agencies subject to
this section, and their employees, on account of benefits provided
under this article shall be pooled into a single account, and a
single employer rate shall be established to provide benefits under
this section on account of members employed by a contracting agency
that is subject to this section. Any public agency first contracting
with the board on or after January 1, 1994, and prior to July 1,
2001, or any contracting agency amending its contract to remove
exclusions of member classifications on or after January 1, 1994, and
prior to July 1, 2001, that has not, pursuant to Section 418 of
Title 42 of the United States Code, entered into an agreement with
the federal government for the coverage of its employees under the
federal system, shall be subject to this section.
(h) The rate of contribution of an employer subject to this
section shall be figured using the term insurance valuation method.
If a contracting agency that is subject to this section has a surplus
in its 1959 survivor benefit account as of the date the contracting
agency becomes subject to this section, the surplus shall be applied
to reduce its rate of contribution. If a contracting agency that is
subject to this section has a deficit in its 1959 survivor benefit
account as of the date the contracting agency becomes subject to this
section, its rate of contribution shall be increased until the
deficit is paid.
(i) This section shall not apply to beneficiaries with respect to
the death of a state member employed by the California State
University occurring on or after January 1, 1988, unless provided for
in a memorandum of understanding reached pursuant to Chapter 12
(commencing with Section 3560) of Division 4 of Title 1, or
authorized by the Trustees of the California State University for
employees excluded from collective bargaining. The memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
(j) This section shall apply to local members employed by a
contracting agency that has included this benefit in its contract
with the board on or before June 30, 2001.
(k) This section shall not apply to any contracting agency that
first contracts with the board on or after July 1, 2001.
(l) On and after January 1, 2000, all eligible state and school
members covered by this section shall be covered by the benefit
provided under Section 21574.7.

21574. (a) In lieu of benefits provided in Section 21571, 21572, or
21573, if the death benefit provided by Section 21532 is payable on
account of a local member's death that occurs under circumstances
other than those described in subparagraph (F) of paragraph (1) of
subdivision (a) of Section 21530, or if an allowance under Section
21546 is payable, the payment pursuant to subdivision (b) shall be
made in the following order of priority:
(1) The surviving spouse of the member, who has the care of
unmarried children, including stepchildren, of the member who are
under 22 years of age, or are incapacitated because of disability
that began before and has continued without interruption after the
attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are 22 years of age or are so
incapacitated.
(3) The surviving spouse of the member, who does not qualify under
paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the contracting agency, shall be
paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid one thousand nine
hundred dollars ($1,900) per month if there is one child or two
thousand two hundred eighty dollars ($2,280) per month if there are
two or more children. If there also are children who are not in the
care of the surviving spouse, the portion of the allowance payable
under this paragraph, assuming that these children were in the care
of the surviving spouse, that is in excess of nine hundred fifty
dollars ($950) per month, shall be divided equally among all those
children and payments made to the spouse and other children, as the
case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid nine
hundred fifty dollars ($950) per month.
(B) If there are two children, the children shall be paid one
thousand nine hundred dollars ($1,900) per month divided equally
between them.
(C) If there are three or more children, the children shall be
paid two thousand two hundred eighty dollars ($2,280) per month
divided equally among them.
(3) A surviving spouse who has attained or attains the age of 60
years, and who was either continuously married to the member for at
least one year prior to death, or was married to the member prior to
the occurrence of the injury or onset of the illness that resulted in
death, shall be paid nine hundred fifty dollars ($950) per month. No
allowance shall be paid under paragraph (1), or while an allowance
is being paid under subparagraph (C) of paragraph (2). The allowance
paid under this paragraph shall be three hundred eighty dollars
($380) per month while an allowance is being paid under subparagraph
(B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 60 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid nine hundred fifty dollars ($950) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall only apply to members of a contracting
agency that, by amending its contract, first elects effective on or
after January 1, 1994, to make this section applicable to local
members employed by the agency. On and after January 1, 1994,
contracting agencies already subject to Section 21571, 21572, or
21573 may elect by contract amendment to be subject to this section.
A public agency first contracting with the board or amending its
contract to remove exclusions of member classifications on or after
July 1, 2001, shall include this section or Section 21574.5 in its
contract. All assets and liabilities of all contracting agencies
subject to this section, and their employees, on account of benefits
provided under this article shall be pooled into a single account,
and a single employer rate shall be established to provide benefits
under this section on account of members employed by a contracting
agency that is subject to this section.
(e) The rate of contribution of an employer subject to this
section shall be calculated using the term insurance valuation
method. If a contracting agency that is subject to this section has a
surplus in its 1959 survivor benefit account as of the date the
contracting agency becomes subject to this section, the surplus shall
be applied to reduce its rate of contribution. If a contracting
agency that is subject to this section has a deficit in its 1959
survivor benefit account as of the date the contracting agency
becomes subject to this section, its rate of contribution shall be
increased until the deficit is paid.
(f)This section or Section 21574.5 shall apply to public agencies,
employing eligible school safety members as defined in Section
20444, that first contract with the board on or after July 1, 2001.
(g) At the time the single benefit level provided under Section
21574.5 exceeds the single benefit level provided under this section,
no new contracts or amendments to contracts shall provide for the
benefits under this section.

21574.5. (a) In lieu of benefits provided in Section 21571, 21572,
21573, or 21574, if the death benefit provided by Section 21532 is
payable on account of a local member's death that occurs under
circumstances other than those described in subparagraph (F) of
paragraph (1) of subdivision (a) of Section 21530, or if an allowance
under Section 21546 is payable, the payment pursuant to subdivision
(b) shall be made in the following order of priority:
(1) The surviving spouse of the member, who has the care of
unmarried children, including stepchildren, of the member who are
under 22 years of age, or are incapacitated because of disability
that began before and has continued without interruption after the
attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are 22 years of age or are so
incapacitated.
(3) The surviving spouse of the member, who does not qualify under
paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the contracting agency, shall be
paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid one thousand dollars
($1,000) per month if there is one child or one thousand five hundred
dollars ($1,500) per month if there are two or more children. If
there also are children who are not in the care of the surviving
spouse, the portion of the allowance payable under this paragraph,
assuming that these children were in the care of the surviving
spouse, that is in excess of five hundred dollars ($500) per month,
shall be divided equally among all those children and payments made
to the spouse and other children, as the case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid five
hundred dollars ($500) per month.
(B) If there are two children, the children shall be paid one
thousand dollars ($1,000) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid one thousand five hundred dollars ($1,500) per month divided
equally among them.
(3) A surviving spouse who has attained or attains the age of 60
years, and who was either continuously married to the member for at
least one year prior to death, or was married to the member prior to
the occurrence of the injury or onset of the illness that resulted in
death, shall be paid five hundred dollars ($500) per month. No
allowance shall be paid under paragraph (1), or while an allowance is
being paid under subparagraph (C) of paragraph (2). The allowance
paid under this paragraph shall be five hundred dollars ($500) per
month while an allowance is being paid under subparagraph (B) of
paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 60 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid five hundred dollars ($500) per month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall only apply to members of a contracting
agency that, by amending its contract, first elects on or after
January 1, 2000, to make this section applicable to local members
employed by the agency. On and after January 1, 2000, contracting
agencies already subject to Section 21571, 21572, or 21573 may elect
by contract amendment to be subject to this section. A public agency
that first contracts with the board or amends its contract to remove
exclusions of member classifications on or after July 1, 2001, shall
include this section or Section 21574 in its contract. All assets and
liabilities of all contracting agencies subject to this section, and
their employees, on account of benefits provided under this article
shall be pooled into a single account, and a single employer rate
shall be established to provide benefits under this section on
account of members employed by a contracting agency that is subject
to this section.
(e) This section or Section 21574 shall apply to public agencies
that employ eligible school safety members, as defined in Section
20444, and that first contract with the board on or after July 1,
2001.
(f) The rate of contribution of an employer subject to this
section shall be calculated using a method determined by the board.
(g) In each subsequent year following the enactment of this
section, the benefits prescribed by this section shall be indexed at
a rate of 2 percent per year for both beneficiaries already receiving
the benefit and for potential beneficiaries of members who die in
the future.

21574.7. (a) In lieu of benefits provided in Section 21571, 21572,
or 21573, if the death benefit provided by Section 21532 is payable
on account of a state member's death that occurs under circumstances
other than those described in subparagraph (F) of paragraph (1) of
subdivision (a) of Section 21530, or if an allowance under Section
21546 is payable, the payment pursuant to subdivision (b) shall be
made in the following order of priority:
(1) The surviving spouse of the member who has the care of
unmarried children, including stepchildren, of the member who are
under 22 years of age or are incapacitated because of a disability
that began before and has continued without interruption after the
attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are under 22 years of age or are so
incapacitated.
(3) The surviving spouse of the member who does not qualify under
paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the employer, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid one thousand five
hundred dollars ($1,500) per month if there is one child or one
thousand eight hundred dollars ($1,800) per month if there are two or
more children. If there also are children who are not in the care of
the surviving spouse, the portion of the allowance payable under
this paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of seven hundred fifty dollars
($750) per month, shall be divided equally among all those children
and payments made to the spouse and other children, as the case may
be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid seven
hundred fifty dollars ($750) per month.
(B) If there are two children, the children shall be paid one
thousand five hundred dollars ($1,500) per month divided equally
between them.
(C) If there are three or more children, the children shall be
paid one thousand eight hundred dollars ($1,800) per month divided
equally among them.
(3) A surviving spouse who has attained or attains the age of 60
years, and who was either continuously married to the member for at
least one year prior to death, or was married to the member prior to
the occurrence of the injury or onset of the illness that resulted in
death, shall be paid seven hundred fifty dollars ($750) per month.
No allowance shall be paid under this paragraph while the surviving
spouse is receiving an allowance under paragraph (1) or while an
allowance is being paid under subparagraph (C) of paragraph (2). The
allowance paid under this paragraph shall be three hundred dollars
($300) per month while an allowance is being paid under subparagraph
(B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 60 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid seven hundred fifty dollars ($750) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall only apply to state and school members
effective on or after January 1, 2000.
(e) All assets and liabilities of state employers subject to this
section, and their employees, on account of benefits provided under
this article shall be pooled into a single account, and a single
employer rate shall be established to provide benefits under this
section on account of state members employed by the state.
(f) All assets and liabilities of school employers, as defined in
Section 20063, that are subject to this section, and their employees,
on account of benefits provided under this article shall be pooled
into a single account, and a single employer rate shall be
established to provide benefits under this section.
(g) The rate of contribution of an employer subject to this
section shall be calculated using a method determined by the board.
Surplus assets shall be applied to reduce the rate of contribution.
If a deficit exists, the rate of contribution shall be increased
until the deficit is paid.
(h) On and after January 1, 2000, all state employees and school
members shall be covered by this section.

21575. When the survivor is entitled to receive a monthly allowance
as a special death benefit provided by Article 1 (commencing with
Section 21490), Article 2 (commencing with Section 21530), or Article
5 (commencing with Section 21620) and at the same time is entitled
to receive a 1959 survivor allowance, the 1959 survivor allowance
payable in any month shall be reduced by the amount of the other
allowance or benefit.

21576. This article applies from and after January 1, 1960, or the
date of a member's subsequent election, to state members and local
miscellaneous members who are employees of school districts that are
contracting agencies, or who are included in this system under
Chapter 6 (commencing with Section 20610), who entered or enter
membership after November 4, 1959, or who were members on November 4,
1959, and elected, pursuant to rules of the board, to be subject to
this article, or who so elect within 90 days following October 1,
1961, in the manner prescribed. This article shall not apply to any
member with respect to service that is included in the federal
system.
An election pursuant to this section shall be in writing and shall
be effective only when received in the office of the board.
Contributions under this article for the member shall begin on the
first of the month or the payroll period following the filing of the
election. The board may, on the request of any member who on November
4, 1959, elected to be subject to this article, cancel the election
if it finds that the election was made because of the member's
mistake or misunderstanding, and that the member has acted diligently
in making the request. The cancellation shall be effective as of the
first day of the month following the board's action canceling the
election.

21577. This article shall not apply to any contracting agency nor
to the employees of any contracting agency until the agency elects to
be subject to this article by amendment to its contract made in the
manner prescribed for approval of contracts, except that an election
among the employees pursuant to Section 20469 is not required, or, in
the case of contracts made after July 20, 1959, by express provision
in the contract making the contracting agency subject to the
provisions of this article. Any public agency first contracting with
the board on and after January 1, 1994, which has not, pursuant to
Section 418 of Title 42 of the United States Code, entered into an
agreement with the federal government for the coverage of its
employees under the federal system shall be subject to this section.
Except as provided in Section 21578, this article shall not in any
event apply to employees of a contracting agency whose services are
included in the federal system. Members who are employees of a
contracting agency when the agency becomes subject to this article
and whose services are not included in the federal system shall have
the right to elect to be subject to this article, that election to be
made in the manner, and within the time periods, specified in rules
adopted by the board. Employees of that contracting agency becoming
members thereafter shall be subject to this article without election.

21578. This article shall apply to employees of a contracting
agency whose services are included in the federal system when
employees of another contracting agency who are subject to this
article are made by lawful merger of the contracting agencies the
employees of the contracting agency. In that case, the application of
this article shall be limited to those employees to whom it applied
prior to the merger and shall terminate upon expiration of five years
following the date of the merger.

21579. Notwithstanding Sections 21576 and 21577, this article shall
apply to a state member or a local member whose employer is subject
to this article and whose services were included in the federal
system in any period after the inclusion is terminated.

21580. Notwithstanding anything to the contrary in Sections 21571,
21572, 21573, and 21574, this article shall apply to a surviving
spouse of a local member who has attained or attains the age of 60
years and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or who was married to the member prior to the occurrence of
the injury or onset of the illness that resulted in death and has not
remarried subsequent to the member's death.
A contracting agency that is already subject to this article, on
and after January 1, 1993, may elect 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 shall not
be required. In the case of contracts made on or after January 1,
1993, this section shall apply to members of a contracting agency
that either expressly includes this section in its contract or
subsequently elects to amend its contract to make this section
applicable to local members employed by the agency.

21581. (a) The rate of contribution of a member subject to this
article shall include, in addition to his or her normal rate, two
dollars ($2) per month or fraction thereof, or ninety-three cents
($0.93) for each biweekly payroll period or fraction thereof, where
salaries are paid on that basis. Those contributions shall not become
a part of a member's accumulated contributions or be treated or
administered as normal contributions and shall not be refundable to a
member under any circumstances. Those contributions shall be
available only for payment of 1959 survivor allowances.
(b) Notwithstanding subdivision (a), the total required monthly
premium for Section 21574.5, as determined by the board, shall be
offset by the uniform amortization of surplus assets within this
account. If the total monthly premium is equal to, or less than, four
dollars ($4), the member contribution portion shall be two dollars
($2) per month and the employer shall pay the difference, if any. If
the total monthly premium required exceeds four dollars ($4), the
member and the employer shall evenly share the total required monthly
premium.
(c) Notwithstanding subdivision (a), the total monthly premium
required for Section 21574.7, as determined by the board, shall be
offset by the uniform amortization of surplus assets within this
account. Member contributions shall be two dollars ($2) per month
until such time as the future required monthly premium exceeds four
dollars ($4), and the employer shall pay the difference between the
total required monthly premium and the member's contribution. Once
the total required monthly premium exceeds four dollars ($4), the
member and the employer shall evenly share the required monthly
premium.

21582. Notwithstanding any other provision of this article, if so
agreed to in a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1,
as it pertains to represented employees of the California State
University, the employer may pay, in addition to the employer
contributions, all or a portion of the employee contributions
required for the benefit payable pursuant to Section 21574.7 or the
employees may pay, in addition to the employee contributions, all or
a portion of the employer contributions required for the benefit
payable pursuant to Section 21574.7.

21583. Notwithstanding any other provision of law, a local member
may elect, within 90 days after the effective date of the amended
contract, to have the 1959 survivor allowance coverage under this
article.
The effective date of coverage shall be the date that the member
first became eligible for the 1959 survivor allowance. The member
shall contribute two dollars ($2) for every month from the date of
original eligibility.
This section shall not apply to 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 the approval of
contracts, except that an election among the employees is not
required.
This section shall not apply to members while their services are
included in the federal system.