California Government Code

§ 21541

GOV § 21541 Effective Jan 1, 2023Div. 5 · Title 2 · Part 3 · Ch. 14 · Art. 2

Statute text

(a)The special death benefit consists of the following:

(1)An amount equal to and derived from the same source as the basic death benefit exclusive of the contributions from which the annuity provided under paragraph (4) is paid.

(2)An amount sufficient, when added to the amount provided under paragraph (1), to provide, when applied according to tables adopted by the board, a monthly death allowance equal to one-half of the member’s final compensation in the membership category applicable to them at the time of the injury, or the onset of the disease, causing death, as adjusted pursuant to subdivision (b), which amount shall be payable to the surviving spouse to whom the member was married either continuously for at least one year before death, or before sustaining the injury or disease resulting in death, as long as the surviving spouse lives; or, if there is no surviving spouse or if the spouse dies before all children of the deceased member attain 22 years of age, to the member’s children under 22 years of age collectively until every child shall have died, married, or attained 22 years of age. However, no child shall receive any part of the allowance after marrying or attaining 22 years of age. The increases described in this section shall only apply to spouses of deceased members who would have been less than 50 years of age, if still living on January 1, 2001.

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Legislative history

Repealed and added by Stats. 2022, Ch. 219, Sec. 2. (SB 850) Effective January 1, 2023.