SECTIONS 9371-9378 - California Statutes

GOVERNMENT CODE

SECTION 9371-9378

9371. (a) This article applies to members who elect to be subject
to its provisions and does not apply to any member while his or her
services are included in the federal social security system.
(b) An election pursuant to this section shall be in writing and
shall be effective only when received in the office of the board. The
board may, on the request of any member who elects to be subject to
this article, cancel the election if it finds that the election was
made because of the member's mistake or misunderstandings and that
the member has acted diligently in making the request. The
cancellation is effective as of the first day of the month following
the board's action canceling the election.

9372. "Survivor allowance" means the allowance provided for in
Section 9374.

9373. "Disability," "disabled" or "incapacitated" means, with
respect to qualification for a survivor allowance, inability to
engage in any substantial gainful occupation by reason of any
physical or mental impairment which is determined on the basis of
competent medical opinion secured by the board, to be of permanent or
extended and uncertain duration.

9374. Upon the death of a member before retirement (a) the
surviving wife or surviving husband of the member, who has the care
of unmarried children, including stepchildren, of the member who are
under 18 years of age, or are incapacitated because of disability
which began before and has continued without interruption after
attainment of that age, or if there is no such spouse, then (b) the
guardian of surviving unmarried children, including stepchildren, of
the member who are under 18 years of age or so incapacitated, if any,
or (c) the surviving wife or surviving husband of the member, who
does not qualify under (a), if any, or if no such children under (b)
or such spouse under (c), then (d) each surviving parent of the
member, shall be paid the following applicable survivor allowance,
under the conditions stated and from contributions of the state:
(1) A widow or a widower 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 under 18 years of age or so
incapacitated, shall be paid three hundred sixty dollars ($360) if
there is one such child, or four hundred thirty dollars ($430) per
month if there are two or more such children. If there also are such
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 of those children and payments made to the spouse
and other children, as the case may be.
(2) If there is no such surviving spouse, or if such surviving
spouse dies or remarries, and if there are unmarried children,
including stepchildren, of the deceased member under 18 years of age,
or if there are such children not in the care of such spouse, such
children shall be paid an allowance as follows:
(a) If there is only one such child, such child shall be paid one
hundred eighty dollars ($180) per month;
(b) If there are two such children, such children shall be paid
three hundred sixty dollars ($360) per month divided equally between
them; and
(c) If there are three or more such children, such children shall
be paid four hundred thirty dollars ($430) per month divided equally
among them.
(3) A widow or widower who has attained or attains the age of 62
years, and, with respect to both widow and widower, who was married
to such 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, shall be paid one hundred eighty dollars ($180)
per month. No allowance shall be paid under this subdivision, while
the surviving spouse is receiving an allowance under subdivision (1)
of this section, or while an allowance is being paid under
subdivision (2)(c) of this section. The allowance paid under this
subdivision shall be seventy dollars ($70) per month while an
allowance is being paid under subdivision (2)(b) of this section.
(4) If there is no surviving spouse, or surviving children who
qualify for a survivor allowance, or if such surviving spouse dies or
remarries, or if such children reach age 18 or die or marry prior
thereto, each of the member's dependent mother and father 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 one hundred eighty dollars ($180) per
month.
"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.

9375. For the purposes of Section 9374, a person shall be
considered to be under the age of 18 if he or she is under the age of
22 and a full-time student.

9376. When the survivor is entitled to receive a monthly allowance
as a death benefit provided by any other provision of this chapter
and at the same time is entitled to receive a survivor allowance, the
survivor allowance payable in any month shall be reduced by the
amount of such other allowance or benefit.

9377. The rate of contribution of a member subject to this article
shall include in addition to his normal rate, two dollars ($2) per
month. Such 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. Such contributions shall be available only for payment
of survivors' allowances under this article.
Contributions shall begin on the first of the month or the payroll
period following the filing of an election to be subject to this
article.

9378. A person who in any month is an eligible survivor of more
than one member, shall receive only one allowance under this article,
which shall be the largest of the monthly allowances to which he or
she would otherwise be entitled.