County Employees Retirement Law of 1937 (CERL) - sdcera

settlements specified in Article 11 (commencing with Section 31760), as adjusted for the net
cost-of-living percentage increase, if any, awarded to that survivor prior to the operative date of
this section.
(b) 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. 16, Effective October 13, 2001, as an
urgency statute)
§31786. Continuance of allowance to family of deceased member retired for serviceconnected
disability; restrictions; minor children
Upon the death of any member after retirement for service-connected disability, his or
her retirement allowance as it was at his or her death if not modified in accordance with one
of the optional settlements specified in Article 11 (commencing with Section 31760), shall be
continued throughout life to his or her surviving spouse. If there is no surviving spouse entitled
to an allowance hereunder or if she or he dies before every child of such deceased member
attains the age of 18 years, then the allowance which the surviving spouse would have received
had she or he lived, shall be paid to his or her child or children under said age, collectively, to
continue until every such child dies or attains said age; provided, that no child shall receive any
allowance after marrying or attaining the age of 18 years. No allowance, however, shall be paid
under this section to a surviving spouse unless she or he was married to the member prior to
the date of his or her retirement.
Notwithstanding any other provisions of this section, the benefits otherwise payable to
the children of the member shall be paid to those children through the age of 21 if the 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. 7)
(Amended by Stats. 1998, Ch. 132 (S.B. 2137), Sec. 7)
§31786.1. Continuance of retirement allowance to surviving spouse or children of deceased
member; conditions
(a) Notwithstanding Section 31481 or 31786, upon the death of any member after
retirement for service-connected disability, his or her retirement allowance as it was at his or
her death if not modified in accordance with one of the optional settlements specified in Article
11 (commencing with Section 31760), shall be continued to his or her surviving spouse for life.
If there is no surviving spouse entitled to an allowance under this section or if he or she dies
before every child of the deceased member attains the age of 18 years, then the allowance that
the surviving spouse would have received had he or she lived, shall be paid to his or her child
or children under that age, collectively, to continue until each child dies or attains that age.
However, no child may receive any allowance after marrying or attaining the age of 18 years.
(b) No allowance may be paid under this section to a surviving spouse unless he or she
was married to the member at least two years prior to the date of death and has attained the
age of 55 years on or prior to the date of death.
(c) Notwithstanding any other provisions of this section, the benefits otherwise payable
to the children of the member shall be paid to the children through the age of 21 years if the
children remain unmarried and are regularly enrolled as full-time students in an accredited
school as determined by the board.
(d) No allowance may be paid pursuant to this section to any person who is entitled to
an allowance pursuant to Section 31786.
(e) The superseding rights pursuant to this section do not affect benefits payable to
Article 12, §31785.5. - §31786.1. 308