SECTIONS 31855-31855.12 - California Statutes

GOVERNMENT CODE

SECTION 31855-31855.12

31855. It is the intent of the Legislature to provide by this
article a means by which any county which has provided all or any of
officers and employees with both retirement benefits pursuant to this
chapter and federal social security benefits on a nonintegrated
basis may provide the benefits set forth herein as an alternative to
survivorship benefits under social security. Accordingly, this
article shall not be operative in any county until such time as the
board of supervisors shall, by resolution adopted by majority vote
and specifying the class or classes of employees to which it applies,
make the provisions of this article applicable in such county, and a
majority of the members of the affected class or classes voting at
an election held during 1974 with more than 50 percent of the members
participating favor the termination of supplemental survivorship
benefits under social security. Any such resolution may specify a
date subsequent to the date of adoption as the operative date for
implementation of this article.

31855.1. This article shall not be applicable to any member who has
retired or been placed in a deferred retirement status prior to the
date this article becomes operative in any county; provided, however,
that if such member reenters county employment on a full-time basis
subsequent to the operative date of the article, it shall become
applicable to such member.

31855.2. Adoption of an enabling resolution by a board of
supervisors shall make the provisions of this article applicable only
to officers and employees of that county. If the governing board of
any special district whose employees are within the retirement system
of that county desire to include their employees within the coverage
of this article, they shall do so by adoption of a resolution so to
do by a majority of all of the members of the board.

31855.3. As used in this article "child" means a member's child who
is dependent upon such member at the time of the member's death and
while such child is unmarried and:
(a) Under l8 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,
or
(c) Eighteen years of age or over, but has not attained the age of
22 years, and is enrolled as a full-time student in an accredited
school, as determined by the board.

31855.4. 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.

31855.5. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death, the member's surviving spouse shall be paid a
monthly survivor's allowance equal to the sum, based upon the
appropriate factual circumstances, specified in Section 31855.8 or
31855.12.

31855.6. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death and who is survived by one or more children but no
surviving spouse, the child or children shall be entitled to a
monthly survivor's allowance as specified in Section 31855.8 or
31855.12. The monthly survivor's allowance of two or more children
shall be divided equally as to those children.

31855.7. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death, the member's surviving parent or parents shall be
entitled to a monthly survivor's allowance as specified in Section
31855.8 or 31855.12.

31855.8. Monthly survivor's 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

31855.9. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death who is survived by a spouse with whom the member
was living at the time of his or her death, the retirement system
shall pay to the surviving spouse, in addition to all other payments
due, if any, a lump sum supplemental survivorship benefit of two
hundred fifty-five dollars ($255), as set forth in Section 31855.8 or
31855.12. If the member is not survived by a spouse with whom the
member was living, the retirement system shall apply a lump sum
supplemental survivorship benefit to reimburse the person who paid
the funeral expenses of the member in an amount not to exceed two
hundred fifty-five dollars ($255).

31855.10. In addition to the contributions required elsewhere in
this chapter there shall be deducted from the salary or wages of each
member covered by the provisions of this article, to finance the
cost of the benefits provided herein, the sum of three dollars and
fifty cents ($3.50) per month and an equivalent amount to be paid by
the county as an additional county contribution. The amounts deducted
pursuant to this section 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. The board
is empowered to change the contribution figures set forth herein
from time to time based on actuarial recommendation as to
contributions needed to fund these benefits.

31855.11. Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death and who is survived by one or more children but no
surviving spouse, or who is survived by one or more children who are
not being cared for by the surviving spouse, the child or children
shall be entitled to a monthly survivor's allowance as specified in
Section 31855.8 or 31855.12, as the case may be. The monthly survivor'
s allowance of two or more children shall be divided equally as to
those children.
This section is an alternative to Section 31855.6.
This section shall not be operative in any county which has
adopted this article, until the board of supervisors, by resolution
adopted by a majority vote, makes this section operative in the
county.

31855.12. Monthly survivor's allowances shall be based upon the
following table:

Monthly
Member's survivors allowances
Surviving spouse caring for one child. $1,390
Surviving spouse caring for two or 1,622
more children.........................
One child only........................ 695
Two children only..................... 1,390
Three or more children................ 1,622
Widow or widower age 62 (no child).... 768
Widow or widower age 60 (no child).... 663
Each of two dependent parents at age 695
62....................................
Sole dependent parent at age 62....... 795
Lump-sum payment...................... 255

This section is an alternative to Section 31855.8.
This section shall not be operative in any county which has
adopted this article, until the board of supervisors, by resolution
adopted by a majority vote, makes this section operative in the
county.