SECTIONS 75095-75098 - California Statutes

GOVERNMENT CODE

SECTION 75095-75098

75095. The benefits of this article are payable only to the
surviving children of a judge who elects to come within this article.
Any person who becomes a judge after November 23, 1970, may elect to
come within this article within six months after becoming a judge,
or within six months of accepting or acquiring a legal duty to
support one or more eligible children, whether his or her own or
those of another person.
Any judge who accepted or acquired a legal duty to support one or
more eligible children prior to January 1, 1988, and who had not
previously elected to come within this article, shall exercise his or
her election prior to July 1, 1988. A judge so electing shall pay
all the contributions he or she would have made pursuant to Section
75097 had he or she been covered by this article as soon as
originally eligible pursuant to this section.
Any person who is a judge on November 23, 1970, may elect to come
within the provisions of this article on or before July 1, 1971.

75096. The monthly allowance payable pursuant to Section 75091
shall be paid to the guardian of surviving unmarried children while
under 18 years of age and the surviving unmarried children over age
18 and under the age of 22 who are full-time students, and to the
child or guardian of a surviving unmarried child over age 18 who is
disabled by a condition which disabled that child prior to attaining
age 18 and which has continued without interruption after age 18,
until the disability ceases, of a judge who dies prior to retirement
under this chapter without a surviving spouse or in the event that
the surviving spouse of a judge dies after his or her death. The
amount paid shall be divided equally among the children.
"Children," for the purposes of this section, shall be limited to
dependent children and stepchildren of the judge at the time of his
or her death.
"Disabled" or "disability" means, with respect to qualification
for an allowance to a surviving child, inability to engage in any
substantial gainful occupation by reason of any physical or mental
impairment which is determined by the board, on the basis of
competent medical or psychiatric opinion, to be of permanent or
extended duration.
Election to come within this article shall be made by filing a
written notice thereof with the Judges' Retirement System. Any
election by a judge may thereafter be revoked by the judge and a
reelection may be made at any time after revocation.
The benefit payable under this section to a disabled child shall
not exceed 25 percent of the compensation payable, at the time
payments of the allowance fall due, to the judge holding the office
which the judge last held prior to discontinuance of service as a
judge.
The amendments to this section made during the 1991-92 Regular
Session shall be applicable to any retired judge who elects to be
subject to the amended provisions of this section on or before
January 1, 1993.

75096.1. Notwithstanding any other provisions of this article to
the contrary, the guardian of surviving unmarried children while
under 18 years of age and the surviving unmarried children over age
18 and under age 22 who are full-time students, of a judge who dies
prior to retirement without a surviving spouse, or in the event that
the surviving spouse of such judge dies after his death while
receiving an allowance payable pursuant to Section 75093, may elect
to receive in lieu of any other surviving children's benefits an
allowance equivalent to that payable pursuant to Section 75093,
including, in the event of the death of the judge without a surviving
spouse, the deduction therein provided. The amount paid shall be
divided equally among the children.
"Children" for the purposes of this section shall be limited to
dependent children and stepchildren of the judge at the time of his
death.
Election to come within the benefits of this article as provided
in Section 75096 shall be deemed to include the judge's election that
his children should enjoy the election granted by this section, and
contributions shall be made by the judge so electing as provided in
Section 75097.

75096.2. A monthly allowance equivalent to the allowance payable
pursuant to Section 75104.4 shall be paid, in lieu of the allowance
provided in Section 75096, or any other surviving children's
benefits, to the guardian of surviving unmarried children while under
18 years of age and the surviving unmarried children over age 18 and
under age of 22 who are full-time students, of a judge who, although
eligible for retirement, dies prior to retirement under this chapter
without a surviving spouse, or in the event that the surviving
spouse dies after his death while receiving an allowance payable
pursuant to Section 75104.4. The amount paid shall be divided equally
among the children.
"Children" for the purposes of this section shall be limited to
dependent children and stepchildren of the judge at the time of his
death.
Election to come within the benefits of this article as provided
in Section 75096 shall be deemed to include an election to enjoy the
benefit of this section, and contributions shall be made by the judge
so electing as provided in Section 75097.

75096.3. A monthly allowance equivalent to the allowance payable
pursuant to Section 75077 shall be paid, in lieu of any other
surviving children's benefits, to the guardian of surviving unmarried
children while under 18 years of age and the surviving unmarried
children over age 18 and under age 22 who are full-time students, and
to the guardian of a surviving unmarried child over age 18 who is
disabled by a condition which disabled that child prior to attaining
age 18 and which has continued without interruption after age 18,
until the disability ceases, of a judge who dies after retirement
under this chapter without a surviving spouse or in the event that
the surviving spouse of a judge dies after his or her death while
receiving an allowance payable pursuant to Section 75077. The amount
paid shall be divided equally among the children.
"Children," for the purposes of this section, shall be limited to
dependent children and stepchildren of the judge at the time of his
or her retirement.
"Disabled" or "disability" means, with respect to qualification
for an allowance to a surviving child, inability to engage in any
substantial gainful occupation by reason of any physical or mental
impairment which is determined by the board, on the basis of
competent medical or psychiatric opinion, to be of permanent or
extended duration.
Election to come within the benefits of this article as provided
in Section 75096 shall be deemed to include an election to enjoy the
benefits of this section, and contributions shall be made by any
retired judge so electing as fixed by Section 75097 to be deducted
from the judge's retirement allowance during his or her lifetime as
provided in Section 75106.5.
The benefit payable under this section to a disabled child shall
not exceed 25 percent of the compensation payable, at the time
payments of the allowance fall due, to the judge holding the office
which the retired judge last held prior to discontinuance of service
as a judge.
The amendments made to this section during the 1991-92 Regular
Session shall be applicable to any retired judge who elects to be
subject to the amended provisions of this section on or before
January 1, 1993. A retired judge so electing shall pay all the
contributions he or she would have made pursuant to Section 75097 had
he or she been covered by this article at the time of retirement.

75097. Any judge electing to come within this article shall
contribute three dollars ($3) a month to the Judges' Retirement Fund.
The contribution shall be deducted from the monthly salary of each
judge so electing by the Controller and each county auditor in the
same manner as deductions are made pursuant to Sections 75102 and
75103. The Legislature reserves the right to increase the rate of
contribution prescribed by this section in such amount as it may find
appropriate.

75098. If an allowance is paid under this article no payment shall
be made pursuant to Section 75104 or Section 75104.5, provided
however, that if the prospective allowance payable to the children
under the provisions of this article upon the death of a judge or
retired judge without a surviving spouse is less than the aggregate
amount payable under the provisions of Sections 75104 and 75104.5,
and the judge has designated his children as his beneficiaries, the
guardian of the children under age 18 and the children over 18 may
elect to take the latter amount and waive the allowance otherwise
payable under this article.