County Employees Retirement Law of 1937 (CERL) - sdcera

(Added by Stats. 1986, Ch. 849, Sec. 1)
(Amended by Stats. 1999, Ch. 161 (S.B. 670), Sec. 1)
(Amended by Stats. 2002, Ch. 875 (A.B. 2060), Sec. 1)
§31760.3. Notice to spouse of member’s selection of benefits or change of beneficiary;
spouse’s applications for refund, etc.; exceptions; adoption by county
The sole purpose of this section is to notify the current spouse of the selection of benefits
or change of beneficiary made by a member. Nothing in this section is intended to conflict
with community property law. An application for a refund of the member’s accumulated
contributions, an election of optional settlement, or a change in beneficiary designation shall
contain the signature of the current spouse of the member, unless the member declares, in
writing under penalty of perjury, any of the following:
(a) The member is not married.
(b) The current spouse has no identifiable community property interest in the benefit.
(c) The member does not know, and has taken all reasonable steps to determine, the
whereabouts of the current spouse.
(d) The current spouse has been advised of the application and has refused to sign the
written acknowledgment.
(e) The current spouse is incapable of executing the acknowledgment because of
incapacitating mental or physical condition.
(f) The member and the current spouse have executed a marriage settlement agreement
pursuant to Part 5 (commencing with Section 1500) of Division 4 of the family Code which
makes the community property law inapplicable to the marriage.
This section shall not be operative in any county until such time as the board of
supervisors shall, by resolution adopted by majority vote, make this section applicable in the
county.
(Amended by Stats. 1992, Ch. 163, Sec. 87, Effective January 1, 1993. Operative January
1, 1994, by Sec. 161 of Ch. 163)
§31760.5. (Operative date contingent) Election of lesser pension amount and increased
survivor allowance; Applicability
(a) Notwithstanding Section 31760 and in lieu of the retirement allowance and the
continuing or survivor allowance, if any, otherwise payable to a retired member and his or her
surviving spouse pursuant to this article, a member may elect in writing to have the actuarial
equivalent of these benefits, as of the date of retirement, applied to a lesser amount payable
throughout the retired member’s life, and to an increased survivor allowance as approved by
the board, upon the advice of the actuary, that, upon the death of the retired member, shall
be continued throughout the life of and paid to his or her surviving spouse. To qualify for
benefits under this section, the surviving spouse must be married to the member at least one
year prior to the date of retirement. If there is no surviving spouse entitled to this allowance,
or if the surviving spouse dies before every child of the deceased retired member, including
every stepchild and adopted child, attains the age of 18 years, then the increased survivor
allowance that the spouse would have received had he or she survived shall be paid to the
deceased retired member’s child or children under the age of 18 years. If the increased survivor
allowance is to be paid to surviving children, it shall be divided among the children in equal
shares. However, the right of any child to share in the allowance shall cease upon his or her
death, marriage, or attaining the age of 18 years.
(b) Notwithstanding any other provisions of this section, the allowance otherwise
payable to the children of the deceased retired member shall be paid through the age of 21
Article 11, §31760.2. - §31760.5. 282