Chapter 11Death Benefit
Section § 27000
If someone who has a death benefit plan passes away, the money from that plan will be given to the person they designated as the beneficiary once they provide proof of the individual's death.
Section § 27001
This section states that if someone has passed away, the person they designated (beneficiary) can request to receive any death benefits from the Cash Balance Benefit Program. The system should pay these benefits as soon as they get proof of the person's death.
Section § 27002
If someone who is part of a retirement plan dies before the payments (or annuity) start, their beneficiaries will get a death benefit. This benefit is the total of what the person and their employer contributed to their retirement accounts.
Section § 27003
This law states that the standard way to give out a death benefit is through a single lump-sum payment. Once this payment is made to the beneficiary, no more benefits will be provided under the Cash Balance Benefit Program.
Section § 27004
If you are a beneficiary of a Cash Balance Benefit Program in California, and your account balance is at least $3,500, you can choose to receive the remaining money as monthly payments over a set period. This period can be anywhere from three to ten years, but not longer than your life expectancy. If you pass away before all the payments are made, you can choose someone else to receive the rest of the money. If the beneficiary is a trust, but the trust is found to be invalid, any decisions made by the trustee about the payments become void.
Section § 27005
This section explains that if a participant in a retirement plan passes away, the value of the annuity, or regular payment, will be calculated based on the total amount in both the employee's account and the employer's account at the time the death benefit is payable. The calculation will take into account the age of the beneficiary—who is the person receiving the benefit—at the time the payment is made.
Section § 27006
If someone chooses to receive a death benefit as regular payments over time, the money from their personal and employer accounts will be moved to a special fund for annuities called the Annuitant Reserve.
Section § 27007
This law outlines what happens to a participant's annuity when they pass away. If the participant was getting a regular payment (annuity), the payments follow the plan they chose. For a single life annuity with a cash refund, any leftover money is given in one payment to their chosen beneficiary. Without a cash refund, no money is left. For a joint and survivor annuity, payments continue to the beneficiary for their lifetime, unless that beneficiary died first. For a period certain annuity, if all payments haven't been made, they go to a designated beneficiary. If this beneficiary is a person, payments continue as planned; if not, the remaining balance is paid in full right away.
Section § 27008
When someone receiving an annuity dies, the next steps depend on the type of annuity. If they had a joint and survivor annuity or a single life annuity without a refund, nothing more is paid. However, if they had a period certain annuity, any remaining payments are converted into a single lump sum given to their estate, unless they chose someone else to get this payment beforehand.