County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
County Employees Retirement Law of 1937 (CERL) - sdcera
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§31765.11. Contra Costa <strong>County</strong>; election <strong>of</strong> retirement allowance by spouse; rights <strong>of</strong><br />
children (Contra Costa)<br />
Notwithstanding Sections 31765 and 31765.1, upon the death <strong>of</strong> any member covered<br />
under Section 31751 who was either eligible for retirement or would have been entitled to<br />
disability retirement but died prior to such retirement and who leaves a spouse, such surviving<br />
spouse may, in lieu <strong>of</strong> the death benefit provided for in Article 12 (commencing with Section<br />
31780), elect to receive a retirement allowance equal to 60 percent <strong>of</strong> the amount to which<br />
the member would have been entitled had the member retired on the date <strong>of</strong> death with a<br />
retirement allowance not modified in accordance with one <strong>of</strong> the optional settlements specified<br />
in this article.<br />
If there is an eligible spouse, in addition to the above, 20 percent <strong>of</strong> the allowance to<br />
which the member would have been entitled shall be paid to each <strong>of</strong> the member’s children.<br />
The maximum family benefit under this section shall be 100 percent <strong>of</strong> the amount to which<br />
the member would have been entitled had the member retired on the date <strong>of</strong> death with a<br />
retirement allowance not modified in accordance with one <strong>of</strong> the optional settlements specified<br />
in this article.<br />
If there is no spouse eligible for the 60 percent allowance, but there is at least one eligible<br />
child, or if the spouse <strong>of</strong> the member dies either before or after the death <strong>of</strong> such member<br />
without either making such election or receiving any portion <strong>of</strong> the death benefit, and no part<br />
<strong>of</strong> the death benefit has been paid to any person, prior to the payment <strong>of</strong> any benefits, the<br />
legally appointed guardian <strong>of</strong> such child or children shall make the election herein provided<br />
for on behalf <strong>of</strong> such surviving child or children as the guardian’s judgment may appear in<br />
their interest and advantage and the election so made shall be binding and conclusive upon<br />
all parties in interest. If an election is made to receive the 60 percent allowance, the child, or<br />
children collectively, shall be entitled to 60 percent <strong>of</strong> the retirement allowance the member<br />
would have received.<br />
As used in this section, “child” shall be as defined in Section 31760.11.<br />
The provisions <strong>of</strong> this section also shall apply to the surviving spouse and children <strong>of</strong><br />
any employee who dies as the result <strong>of</strong> injury or disease arising out <strong>of</strong> and in the course <strong>of</strong><br />
employment prior to the first day <strong>of</strong> the calendar month when the employee normally would<br />
become a member.<br />
The rights and privileges conferred by this section upon the surviving spouse and<br />
children <strong>of</strong> such deceased member or employee shall not be dependent upon whether they,<br />
or any <strong>of</strong> them, have been nominated by the deceased member or employee as the beneficiary<br />
<strong>of</strong> any benefits payable upon or by reason <strong>of</strong> death, but they shall be superior to, and shall<br />
supersede, the rights and claims <strong>of</strong> any other beneficiary so nominated.<br />
(Added by Stats. 1980, Ch. 58, Sec. 12, Effective April 4, 1980)<br />
§31765.2. Amount <strong>of</strong> each survivor allowance paid pursuant to Section 31765.1 on account <strong>of</strong><br />
member who dies on or after operative date <strong>of</strong> this section; application and operative<br />
effect (Los Angeles)<br />
Notwithstanding Section 31765.1, each survivor allowance paid pursuant to Section<br />
31765.1 on account <strong>of</strong> a member who dies on or after the operative date <strong>of</strong> this section shall be<br />
equal to 65 percent <strong>of</strong> the monthly retirement allowance to which the deceased member would<br />
have been entitled if he or she had retired on the date <strong>of</strong> death with a retirement allowance not<br />
modified in accordance with one <strong>of</strong> the optional settlements specified in this article.<br />
This section shall only be applicable to Los Angeles <strong>County</strong> and shall not become<br />
operative until the board <strong>of</strong> supervisors <strong>of</strong> that county elects, by resolution adopted by a<br />
majority vote, to make this section operative in the county.<br />
(Added by Stats. 2001, Ch. 778 (A.B. 399), Sec. 11, Effective October 13, 2001, as an<br />
urgency statute)<br />
287<br />
Article 11, §31765.11. - §31765.2.