County Employees Retirement Law of 1937 (CERL) - sdcera

any time before acceptance of any benefits from the retirement system, to receive, in lieu of
the death benefit otherwise payable under Article 12, the same retirement allowance as that to
which such spouse would have been entitled had such member retired on the date of his death
and selected Optional Settlement 3. Such surviving spouse may elect in writing, before the first
payment of any allowance is made, to receive in a lump sum payment all or any part of the
member’s accumulated additional contributions. The sum so paid shall not be included in the
calculation of the annuity of the surviving spouse.
If, at the death of such spouse, she or he is survived by one or more unmarried children
of such member, under the age of 18, such retirement allowance shall continue to such child
or children, collectively, until every child dies, marries, or attains age 18. If such spouse
dies, either before or after the death of such member without either making such election of
receiving any portion of the death benefit, and no part of the death benefit has been paid to any
person, prior to the payment of any benefits, the legally appointed guardian of such children
shall make the election herein provided for on behalf of such surviving children as in his
judgment may appear to be in their interest and advantage and the election so made shall be
binding and conclusive upon all parties in interest.
Notwithstanding any other provisions of this section, the benefits otherwise payable to
the children of the member shall be paid to such children through the age of 21 if such children
remain unmarried and are regularly enrolled as full-time students in an accredited school as
determined by the board.
(Amended by Stats. 1967, Ch. 1622, Sec. 2)
§31765.1. Election of retirement allowance by surviving spouse of member of system in
certain counties; rights of surviving children; minor children
Upon the death of any member of a retirement system established in a county subject to
the provisions of Section 31676.1 or Section 31695.1, eligible for retirement pursuant to Article
7.5, 8, or 8.7 who leaves a spouse designated as beneficiary, such surviving spouse may, in lieu
of the death benefit provided for in Article 12, elect to receive a retirement allowance equal
to 60 percent of the amount to which the member would have been entitled had the member
retired on the date of his death with a retirement allowance not modified in accordance with
one of the optional settlements specified in Article 11. Such surviving spouse may elect in
writing, before the first payment of allowance is made, to receive in a lump sum payment all or
any part of the member’s accumulated additional contributions. The sum so paid shall not be
included in the calculations of the annuity of the surviving spouse.
If, at the death of such spouse, she or he is survived by one or more unmarried children
of such member, under the age of 18, such retirement allowance shall continue to such child
or children, collectively, until every child dies, marries, or attains age 18. If such spouse
dies, either before or after the death of such member without either making such election or
receiving any portion of the death benefit, and no part of the death benefit has been paid to any
person, prior to the payment of any benefits, the legally appointed guardian of such children
shall make the election herein provided for on behalf of such surviving children as in his
judgment may appear to be in their interest and advantage and the election so made shall be
binding and conclusive upon all parties in interest.
Notwithstanding any other provisions of this section, the benefits otherwise payable to
the children of the member shall be paid to such children through the age of 21 if such children
remain unmarried and are regularly enrolled as full-time students in an accredited school as
determined by the board.
(Amended by Stats. 1967, Ch. 1622, Sec. 3)
Article 11, §31765. - §31765.1. 286