This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Member,” as used in this chapter, means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under the death benefit provisions of this chapter.
Chapter 23Active Death Benefits: Survivor Benefits
Section § 23850
This law covers the rules for who is eligible and how benefits are calculated and provided to members of a specific pension plan if they pass away. It applies to those who joined the program after October 16, 1992, and those who were already members by October 15, 1992, if they chose to be included under these death benefit rules.
Defined Benefit Program death benefits eligibility provisions benefit provisions allowance computations pension plan members October 16 1992 October 15 1992 eligible members Chapter 21.5 Section 23700 member deaths benefits payable pension plan eligibility death benefit provisions
Section § 23851
If a member of the system with at least one year of credited service dies under certain conditions, a death payment of at least $20,000 is paid to their designated beneficiary. These conditions include dying while employed, shortly after employment ends, during an approved non-disability leave without pay, or during military leave. However, this payment is not provided if the death occurs within a specific period after retirement benefits have been terminated. The payment amount can be adjusted based on changes in the cost of living. Beneficiaries can choose to waive their right to the payment by submitting a waiver. This waiver releases the board and associated entities from further obligations to the beneficiary.
(a)CA Education Code § 23851(a) A death payment of not less than twenty thousand dollars ($20,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of a member, who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods:
(1)CA Education Code § 23851(a)(1) While in employment for which creditable compensation is paid.
(2)CA Education Code § 23851(a)(2) Within four months after
termination of creditable service or termination of employment, whichever occurs first.
(3)CA Education Code § 23851(a)(3) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without creditable compensation for reasons other than disability.
(4)CA Education Code § 23851(a)(4) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.
(b)CA Education Code § 23851(b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of termination of the service retirement allowance pursuant to Section 24208 or during the six calendar months commencing with the effective date of termination of the disability
retirement allowance pursuant to Section 24117.
(c)CA Education Code § 23851(c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount.
(d)CA Education Code § 23851(d) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.
death payment credited service beneficiary waiver military service leave employment termination actuarial valuation California Consumer Price Index retirement contributions service retirement allowance termination disability retirement allowance termination leave of absence proof of death plan amendment beneficiary obligation discharge
Section § 23852
When a person who was part of a retirement system dies without choosing a pre-retirement option, their surviving spouse can choose either to get all the deceased's retirement savings at once or, if certain conditions are met, a regular survivor benefit. If there's no spouse but dependent children, each child gets a share of the survivor benefit as long as conditions are met. If there are no eligible spouses or children, the retirement savings go to a designated beneficiary. Any accumulated savings paid out will include interest. Beneficiaries can choose not to accept the payment or ongoing benefits, by submitting a waiver form which completely frees the retirement system from further obligations to them.
Upon receipt of proof of death of a member who has no preretirement option in effect:
(a)CA Education Code § 23852(a) The surviving spouse may elect to receive either of the following:
(1)CA Education Code § 23852(a)(1) The member’s accumulated retirement contributions in a lump sum.
(2)CA Education Code § 23852(a)(2) If the member meets the provisions set forth in Section 23854, the survivor benefit allowance pursuant to Sections 23854 and 23855.
(b)CA Education Code § 23852(b) If there is no surviving spouse, and the member meets the provisions set forth in Section 23854, then each dependent child shall receive the child’s
portion of the survivor benefit allowance pursuant to Sections 23854, 23855, and 23856. The child’s portion of the survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.
(c)CA Education Code § 23852(c) If there is no surviving spouse or dependent child to receive a benefit under subdivision (a) or (b), the member’s accumulated retirement contributions shall be paid to the member’s beneficiary in a lump sum.
(d)CA Education Code § 23852(d) The member’s accumulated annuity deposit contributions shall be paid to the member’s beneficiary in a lump sum.
(e)CA Education Code § 23852(e) The payment of accumulated contributions in a lump sum shall include credited interest through the date of payment.
(f)CA Education Code § 23852(f) A beneficiary may waive the right to the lump-sum payment or survivor benefit allowance in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary.
surviving spouse dependent child accumulated retirement contributions lump sum survivor benefit allowance beneficiary waiver form retirement savings credited interest death of member preretirement option ongoing benefit system obligations annuity deposit contributions
Section § 23853
This law allows the surviving spouse or beneficiary to request and receive death payments and any applicable return of contributions promptly after they provide proof of death, regardless of some other legal provisions that might suggest otherwise.
Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, death payments and return of contributions pursuant to Sections 23851 and 23852, if any, may be requested by the surviving spouse or beneficiary and paid by the system as soon as practicable after receipt of proof of death.
death payments surviving spouse beneficiary proof of death return of contributions payment request Probate Code Sections 23851 and 23852 system payment prompt payment death benefits
Section § 23854
If a member with at least one year of service dies, their survivors may receive benefits, as long as certain conditions are met. The death must have occurred after October 15, 1992, and the member should not have chosen any retirement option beforehand. The death needs to happen during employment or within specific time frames after leaving employment or returning from disability leave. In some cases, for this benefit to be available, the member must have served after their last break in service or after returning from retirement. Instead of refunding the member's contributions, the survivor benefit will be paid instead, unless all beneficiaries agree to waive it by completing the necessary forms.
(a)CA Education Code § 23854(a) A survivor benefit allowance is payable upon receipt of proof of death of a member, as defined in Section 23850, who had one or more years of credited service, including deemed service under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions.
(b)CA Education Code § 23854(b) For the survivor benefit allowance to be payable upon the death of a member, all of the following conditions shall be met at the time of death:
(1)CA Education Code § 23854(b)(1) Death occurred after October 15, 1992.
(2)CA Education Code § 23854(b)(2) A preretirement election of an option is not in effect.
(3)CA Education Code § 23854(b)(3) Death occurs during any one of the following periods:
(A)CA Education Code § 23854(b)(3)(A) While in employment for which compensation is paid.
(B)CA Education Code § 23854(b)(3)(B) Within four months after termination of service or termination of employment, whichever occurs first.
(C)CA Education Code § 23854(b)(3)(C) Within four months after reinstatement from disability retirement.
(D)CA Education Code § 23854(b)(3)(D) Within 12 months following the last day for which compensation was paid if the member was on an approved leave of absence without compensation for reasons other than disability.
(E)CA Education Code § 23854(b)(3)(E) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.
(4)CA Education Code § 23854(b)(4) At least one-half year of credited service had been performed subsequent to the end of the last break in service, if a break in service of more than one year had occurred.
(5)CA Education Code § 23854(b)(5) At least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service retirement.
(c)CA Education Code § 23854(c) The survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.
(d)CA Education Code § 23854(d) The survivor benefit allowance may be terminated, if all eligible beneficiaries formally
waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.
survivor benefit allowance credited service proof of death preretirement election employment termination disability retirement military leave break in service reinstatement waiver of benefits beneficiary rights accumulated retirement contributions ongoing benefit discharge of obligations qualified military service
Section § 23855
If a retirement plan member dies, their spouse can receive a monthly benefit equal to half of what the member would have gotten at retirement, based on various factors like service time and compensation. The allowance includes credit for unused sick leave. The spouse can choose to receive benefits right away or wait until what would have been the member's retirement age. For each dependent child under 21, an additional 10% of the final compensation is paid, up to 50%. If there's no surviving spouse, the entire amount goes to the children. Certain increases in compensation are not included in the calculation.
(a)CA Education Code § 23855(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)CA Education Code § 23855(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)CA Education Code § 23855(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.
(d)Copy CA Education Code § 23855(d)
(1)Copy CA Education Code § 23855(d)(1) The allowance calculation shall not include either of the following:
(A)CA Education Code § 23855(d)(1)(A) The increase in the percentage of final compensation pursuant to Section 24203.5.
(B)CA Education Code § 23855(d)(1)(B) The increase of the monthly
allowance pursuant to Section 24203.6.
(2)CA Education Code § 23855(d)(2) The amendments to this section made by the act adding this paragraph do not constitute a change in, but are declaratory of, existing law.
(e)CA Education Code § 23855(e) The surviving spouse may elect to begin receiving the survivor benefit allowance immediately as of the date of the member’s death or to defer receipt of the allowance to the date the member would have attained normal retirement age. If allowance payments to the surviving spouse commence prior to the date the member would have attained normal retirement age, the allowance payable shall be actuarially reduced.
(f)CA Education Code § 23855(f) If the spouse elects, pursuant to Section 23852, to receive the survivor benefit allowance, an additional 10 percent of final compensation shall be payable for each dependent child who is under 21 years of age, up to a maximum
of 50 percent of final compensation. The child’s portion shall begin to accrue on the day following the member’s date of death and shall be payable even if the spouse elects to postpone receipt of the spouse’s survivor benefit allowance until the date the member would have attained normal retirement age.
(g)CA Education Code § 23855(g) If there is no surviving spouse, an allowance in an amount equal to 10 percent of the deceased member’s final compensation shall be paid to each dependent child who is under 21 years of age, up to a maximum of 50 percent of final compensation. If there are more than five dependent children, they shall receive allowances in equal shares of the 50 percent of final compensation. A child’s portion of the survivor benefit allowance shall begin to accrue on the day following the member’s date of death.
survivor benefit allowance modified retirement allowance Option 3 beneficiary spouse election normal retirement age unused sick leave credit final compensation dependent child benefits actuarially reduced allowance Service credit calculation death benefit retirement factor child's portion accrual dependent child under 21 no surviving spouse
Section § 23856
This section talks about how survivor benefit allowances are handled for children who are dependent, meaning they rely on someone else for support. If the child is not in the care of a surviving spouse, the allowance meant for the children is calculated and given to the person or entity taking care of the child's finances. This could be the child's guardian, the parent they live with, or a trustee managing a trust for them. If the child is 18 or older, the allowance goes to the same types of caretakers, and if no one is designated, it goes directly to the child.
(a)CA Education Code § 23856(a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the children’s portion of the survivor benefit allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child.
(b)CA Education Code § 23856(b) In the case of a dependent child who is age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child.
dependent child survivor benefit allowance guardian of the estate natural parent custody adoptive parent custody trustee trust for benefit children's portion care of surviving spouse allowance payment age 18 or older financial management child support estate management trust beneficiaries
Section § 23858
If someone who is receiving survivor benefits dies or stops being eligible, those benefits will stop immediately on that day, unless there is an exception mentioned in another specific section.
If the person or persons to whom a survivor benefit allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of the event except as provided in Section 24600.
survivor benefit allowance termination eligibility Section 24600 death of beneficiary qualifications immediate termination allowance payment survivor benefits beneficiary eligibility disqualification termination event benefit cessation exceptions payment cutoff
Section § 23859
If a survivor benefit allowance is terminated and the payments made are less than what was originally put in as retirement contributions by the deceased, the leftover money is given to the dead member’s spouse or, if there is no spouse but a designated beneficiary, to that beneficiary. Interest is added to the leftover money from when the last payment was made or from the member's death if no payments were made.
(a)CA Education Code § 23859(a) Upon termination of a survivor benefit allowance pursuant to this chapter, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of accumulated retirement contributions shall be paid to the estate of the spouse.
(b)CA Education Code § 23859(b) If there is no spouse, and if there is a designated beneficiary pursuant to Section 23300, then upon termination of the survivor benefit allowance payable to all eligible dependent children pursuant to Section 23852, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of the accumulated retirement
contributions shall be paid to the member’s designated beneficiary pursuant to Section 23300.
(c)CA Education Code § 23859(c) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date the last survivor benefit allowance payment was made or from the date of death of the member, if no survivor benefit allowance payments were made, to the date the balance is paid.
survivor benefit allowance accumulated retirement contributions estate of spouse designated beneficiary dependent children credited interest termination of benefits Section 23300 Section 23852 balance payments children beneficiaries member's death survivor benefits payment calculations unpaid balance
