California Government Code

§ 31781.1

GOV § 31781.1 Effective Jan 1, 2021Div. 4 · Title 3 · Part 3 · Ch. 3 · Art. 12

Statute text

(a)If a member of a retirement system established in a county subject to the provisions of Section 31676.1 would have been entitled to retirement in the event of a non-service-connected disability, but dies as the result of an injury or illness prior to retirement, the surviving spouse of the member shall have the right to elect, by written notice filed with the board, to receive and be paid in lieu of the death benefit provided in Sections 31780 and 31781, an “optional death allowance.”

(b)The allowance shall consist of a monthly payment equal to 60 percent of the monthly retirement allowance to which the deceased member would have been entitled if the member had retired by reason of non-service-connected disability as of the date of the member’s death.

(c)If the surviving spouse elects to receive the “optional death allowance” the payments due for this allowance shall be retroactive to the date of the deceased member’s death, and shall continue throughout the life of the spouse.

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Legislative history

Amended by Stats. 2020, Ch. 275, Sec. 55. (AB 2101) Effective January 1, 2021.