County Employees Retirement Law of 1937 (CERL) - sdcera

§31760.11. Contra Costa County; continuance of allowance to family of deceased member;
minor children; designated beneficiary (Contra Costa)
Notwithstanding Section 31760.1, upon the death after retirement of any member
covered under Section 31751, 60 percent of the member’s retirement allowance, if not modified
in accordance with one of the optional settlements specified in this article, shall be continued
throughout life to the member’s spouse if the spouse is designated as the beneficiary. No
allowance, however, shall be paid under this section to a surviving spouse unless she or he was
married to the member at least one year prior to the date of the member’s retirement.
If there is an eligible spouse, in addition to the above, 20 percent of the member’s
unmodified retirement allowance shall be paid to each of the member’s children. The
maximum family benefit under this section shall be 100 percent of the member’s retirement
allowance.
If, on the death after retirement of any member covered under Section 31751, there is
no spouse eligible for the 60 percent continuance but there is at least one eligible child, or if
there was an eligible spouse and the spouse dies while there is at least one eligible child, the
child, or children collectively, shall be entitled to the 60 percent continuance of the member’s
unmodified allowance.
As used in this section, “child” means a member’s child who is dependent upon such
member at the time of his or her retirement and while such child is unmarried and:
(a) Under 18 years of age, or
(b) Whether or over 18 years of age, totally disabled and such disability occurred prior
to such child attaining the age of 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.
If, at the death of any retired member, there is no surviving spouse or children eligible
for the continuance of the allowance provided in this section, and the total retirement
allowance income received by the member during the member’s lifetime did not exceed the
member’s accumulated normal contributions and cost-of-living contributions, the member’s
designated beneficiary shall be paid an amount equal to the excess of such contributions at
retirement date over the total amount of the retirement allowance income received by the
member.
(Added by Stats. 1980, Ch. 58, Sec. 11, Effective April 4, 1980)
§31760.12. Survivor allowance paid pursuant to Section 31760.1 on account of member who
retires on or after operative date of section; amount equal to 65 percent of member’s
monthly retirement allowance; application and operative effect (Los Angeles)
Notwithstanding Section 31760.1, each survivor allowance paid pursuant to Section
31760.1 on account of a member who retires on or after the operative date of this section shall
be equal to 65 percent of the member’s monthly retirement allowance, if not modified in
accordance with one of the optional settlements specified in this article.
This section shall only be applicable to Los Angeles County and shall not become
operative until the board of supervisors of that county elects, by resolution adopted by a
majority vote, to make this section operative in the county.
(Added by Stats. 2001, Ch. 778 (A.B. 399), Sec. 9, Effective October 13, 2001, as an
urgency statute)
Article 11, §31760.11. - §31760.12. 280