California Government Code

§ 21547.7

GOV § 21547.7 Effective Jan 1, 2017Div. 5 · Title 2 · Part 3 · Ch. 14 · Art. 2

Statute text

(a)Notwithstanding any other provision of this article requiring attainment of the minimum age for voluntary service retirement applicable to him or her in his or her last employment preceding death, upon the death of a local firefighter member while in the employ of an agency subject to this section on or after January 1, 2001, who is credited with 20 years or more of state service, the surviving spouse, or eligible children, if there is no eligible spouse, may receive a monthly allowance in lieu of the basic death benefit. The board shall notify the eligible survivor, as defined in Section 21546, of this alternate death benefit. The board shall calculate the monthly allowance that shall be payable as follows:

(1)To the member’s surviving spouse, an amount equal to the amount the member would have received if he or she had retired for service at the minimum retirement age on the date of death and had elected the optional settlement in Section 21456 and Section 21459. The retirement allowance shall be calculated using all service earned by the member in this system.

(2)If the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be based only on that portion of the amount the member would have received described in paragraph (1) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit.

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Legislative history

Amended by Stats. 2016, Ch. 199, Sec. 29. (AB 2404) Effective January 1, 2017.