SECTIONS 31841-31852 - California Statutes

GOVERNMENT CODE

SECTION 31841-31852

31841. This article shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by
majority vote, make the provisions of this article applicable in such
county.

31841.1. This article shall not be applicable to any member who
because of his county service is subject to the federal old age and
survivors insurance provisions of the Federal Social Security Act.

31842. As used in this article "eligible spouse" means an
individual who is caring for one or more of the children (as defined
in Section 31843) of a deceased member and who is:
(a) The widow or widower of such deceased member, or
(b) The divorced former spouse of such deceased member, from whom
he or she was receiving not less than one-half of his or her support
at the time of his or her death.

31843. As used in this article "child" means a member's child who
is dependent upon such member at the time of his death and while such
child is unmarried and:
(a) Under 18 years of age, or
(b) Whether under or over 18 years of age, totally disabled and
such disability occurred prior to such child attaining age 18 years.

31844. As used in this article "parent" means:
The father or mother of the deceased member who at the time of the
death of such member was not less than 62 years of age and was
receiving not less than one-half of his or her support from the
member, and who has not remarried since the member's death.

31845. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
his death, survived by an eligible spouse, if such eligible spouse
waives the amount, if any, payable as a death benefit pursuant to
Section 31781, such eligible spouse shall be paid a monthly survivor'
s allowance equal to the sum, based upon the member's compensation at
the time of his death and the number of children for which such
eligible spouse is caring, specified in Section 31849 minus the
amount to which such eligible spouse is entitled pursuant to Section
31765, 31765.1, 31781.1, 31781.2, or 31787.

31846. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
his death and who is survived by one or more children, during such
time as no eligible spouse is entitled to a survivor's allowance
pursuant to this article, if the father or mother having custody or
guardian of such child or children waives the amount, if any, payable
as a death benefit pursuant to Section 31781, such child or children
shall be entitled to a monthly survivor's allowance equal to the
sum, based upon the member's compensation at the time of his death
and the number of children, specified in Section 31849 minus the
amount to which such children are entitled pursuant to Section 31765,
31765.1, 31781.1, 31781.2, or 31787.

31847. The monthly survivor's allowance in the case of two or more
children entitled thereto shall be divided equally between them.

31848. Upon the death of a member prior to retirement who was a
member continuously for not less than 10 years immediately prior to
his death, who is survived by one or both parents, if no death
benefit is paid to any one pursuant to Section 31781 other than the
member's widow, widower, or children, such parent, or both of such
parents shall each be entitled to a monthly survivor's allowance
equal to the sum, based upon the member's compensation at the time of
his death, specified in Section 31849.

31849. Monthly survivors' allowances shall be based upon the
following table:

Monthly
Member's survivors allowances
Surviving spouse caring for one child. $591.80
Surviving spouse caring for two or 690.40
more children.........................
One child only........................ 295.90
Two children only..................... 581.80
Three or more children................ 690.40
Widow or widower age 62 (no child).... 327.10
Each of two dependent parents at age 295.90
62....................................
Sole dependent parent at age 62....... 325.50
Lump sum payment...................... 255.00

31850. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
his death survived by a widow or widower with whom he was living at
the time of his death, the retirement system shall pay to such widow
or widower in addition to all other payments due, if any, to such
widow or widower a lump sum supplemental survivorship benefit of two
hundred fifty-five dollars ($255). If such member is not survived by
such a widow or widower, the retirement system shall apply such lump
sum supplemental survivorship benefit to reimburse the person who
paid the funeral expenses of such member to an amount not to exceed
two hundred fifty-five dollars ($255).

31851. In addition to the contributions required elsewhere in this
chapter there shall be deducted from the salary or wages of each
member (to finance the costs of the benefits provided in this
article) an amount specified in the regulations of the board. The
board shall fix the additional contributions of members at amounts
which it finds will pay one-half of the cost of the survivors'
benefits and lump sum supplemental survivorship benefit provided for
in this article. Unless and until such regulations otherwise provide
such amount shall equal eighty-eight cents ($0.88) per month for
safety members and sixty-eight cents ($0.68) per month for all other
members.

31852. The amounts deducted pursuant to Section 31851 shall not be
considered to be a portion of a member's accumulated contributions
and shall not be refunded to a member upon termination of service, or
for any other reason.