California Education Code

§ 23855

EDC § 23855 Effective Jan 1, 2014Div. 1 · Title 1 · Part 13 · Ch. 23

Statute text

(a)The survivor benefit allowance is a monthly allowance equal to one-half of the modified retirement allowance the member would have received at normal retirement age, if the member had retired and elected Option 3 pursuant to Section 24300, as that section read on December 31, 2006, naming the spouse as the option beneficiary.

(b)The allowance payable under this subdivision shall be based on the member’s actual service credit and final compensation as of the date of his or her death, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date the member would have attained normal retirement age. If the member’s death occurs after he or she attains normal retirement age, his or her actual final compensation, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date of the member’s death shall be used in the allowance calculation.

(c)The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of unused sick leave service credit and the calculation of that service credit shall be determined pursuant to Section 22717.

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Legislative history

Amended by Stats. 2013, Ch. 559, Sec. 18. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.