California Government Code

§ 31787

GOV § 31787 Effective Jan 1, 2021Div. 4 · Title 3 · Part 3 · Ch. 3 · Art. 12

Statute text

(a)If a member would have been entitled to retirement in the event of a service-connected disability, but dies prior to retirement as the result of injury or disease arising out of and in the course of the member’s employment, the surviving spouse of the member shall have the right to elect, by written notice filed with the board, to receive and be paid in lieu of the death benefit provided for in Sections 31780 and 31781, an optional death allowance.

(b)The optional death allowance shall consist of a monthly payment equal to the monthly retirement allowance to which the deceased member would have been entitled if the member had retired by reason of a service-connected disability as of the date of the member’s death.

(c)If the surviving spouse elects to receive the optional death allowance, the payments due for this allowance shall be retroactive to the date of the deceased member’s death, and shall continue throughout the life of the spouse.

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Legislative history

Amended by Stats. 2020, Ch. 275, Sec. 61. (AB 2101) Effective January 1, 2021.