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SB-437 State Teachers’ Retirement System: benefits.(1999-2000)

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Senate Bill No. 437
CHAPTER 432

An act to add Section 23812 to the Education Code, relating to the State Teachers’ Retirement System.

[ Filed with Secretary of State  September 16, 1999. Approved by Governor  September 16, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 437, Rainey. State Teachers’ Retirement System: benefits.
The State Teachers’ Retirement Law formerly provided that eligibility for certain benefits was affected by the remarriage of a surviving spouse.
This bill would authorize surviving spouses of deceased members who previously lost entitlement to benefits due to remarriage to resume benefit payments on or after January 1, 2000.

The people of the State of California do enact as follows:


SECTION 1.

 Section 23812 is added to the Education Code, to read:

23812.
 (a) The surviving spouse of a deceased member who previously lost entitlement to benefits prescribed by this part due to remarriage shall be entitled to resume payment of the benefit effective either on January 1, 2000, or the first of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefit payable shall be calculated as though the benefit had been paid without interruption from the date of remarriage through the benefit resumption effective date.
(b) The board shall be under no requirement to identify, locate, or notify a remarried spouse of a deceased member who previously lost entitlement as a result of remarriage about the resumption of benefits provided in this section. The board shall be under no requirement to provide the name or address or any other information concerning any remarried spouse of a deceased member to any person, agency, or entity for the purpose of notifying those who may be eligible for the resumption of benefits under this section.
(c) Nothing in this section shall be construed to imply or interpreted to mean that the benefits addressed shall be required to be paid retroactively.