California National Guard Surviving Spouses And Children Relief Act Of 2004 - - CA Military And Veterans

Section § 850

If a member of the California National Guard, State Guard, or Naval Militia dies in the line of duty after March 1, 2003, the state will pay a $10,000 death benefit to the surviving spouse or a designated beneficiary.

The Military Department is responsible for confirming whether the death occurred in the line of duty and must issue a certificate of benefit eligibility within 20 days of receiving a claim from the surviving spouse or beneficiary.

The state will then pay the death benefit within 10 days of receiving this certificate.

(a) The state shall pay a ten thousand dollar ($10,000) death benefit to the surviving spouse of, or a beneficiary designated by, any member of the California National Guard, State Guard, or Naval Militia who dies or is killed after March 1, 2003, in the performance of duty.

(b) The Military Department shall determine if the death occurred in the performance of the member’s duty, and shall issue a certificate of benefit eligibility under this section within 20 days of application by the surviving spouse or a designated beneficiary.

(c) The state shall pay the death benefit within 10 days of the receipt of the certificate of benefit eligibility from the surviving spouse or a beneficiary designated by the service member.

death benefit surviving spouse designated beneficiary performance of duty California National Guard State Guard Naval Militia Military Department line of duty death certificate of benefit eligibility beneficiary eligibility state payment timeline military service death benefit eligibility determination application process

(Amended by Stats. 2020, Ch. 97, Sec. 42. (AB 2193) Effective January 1, 2021.)

Section § 851

This law will only start to take effect when the California Legislature provides funding for military benefits payments.

This chapter shall become operative upon the operative date of an appropriation by the Legislature for the purpose of funding the payments of military benefits, as required by this chapter.

operative date appropriation Legislature funding military benefits payments funding requirements operative condition legislative appropriation military benefits benefits funding funding for payments

(Added by Stats. 2004, Ch. 547, Sec. 2. Effective January 1, 2005. Note: This section prescribed conditions for operation of Chapter 3.5 (commencing with Section 850), which were satisfied in Section 852, as added September 22, 2005, by Stats. 2005, Ch. 342.)

Section § 852

This law section allocates $130,000 from California's General Fund to the Military Department. The money is meant to provide death benefits to the families of California National Guard, State Guard, or Naval Militia members who died while on duty, based on the determination of the Military Department.

There is hereby appropriated the sum of one hundred thirty thousand dollars ($130,000) from the General Fund to the Military Department for the purpose of paying death benefits, as prescribed by this chapter, to the families of members of the California National Guard, State Guard, or Naval Militia who have lost their lives in the performance of duty, as determined by the Military Department.

death benefits California National Guard State Guard Naval Militia performance of duty General Fund allocation Military Department family compensation appropriation military fatalities on-duty death member benefits financial aid military duty survivor benefits

(Amended by Stats. 2020, Ch. 97, Sec. 43. (AB 2193) Effective January 1, 2021.)