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AB-106 Teachers’ Retirement System: surviving spouse.(2003-2004)

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AB106:v96#DOCUMENT

Assembly Bill No. 106
CHAPTER 548

An act to amend Section 22171 of the Education Code, relating to state teachers’ retirement.

[ Filed with Secretary of State  September 29, 2003. Approved by Governor  September 28, 2003. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 106, Corbett. Teachers’ Retirement System: surviving spouse.
Existing law defines a spouse, for purposes of qualification for specified survivors’ benefits under the Defined Benefit Program of the State Teachers’ Retirement Plan, as a person who was married to the member of the program for a continuous period beginning at least 12 months prior to the death of the member, unless specified conditions exist.
This bill would additionally define a spouse, for these purposes, as a person who was married to the member for less than 12 months, if the member’s death was accidental, as defined, or for the period beginning prior to the occurrence of the injury or diagnosis of the illness that resulted in death, except as specified.

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


SECTION 1.

 Section 22171 of the Education Code is amended to read:

22171.
 (a) “Spouse” means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and his or her spouse within the 12-month period or unless the spouse is carrying the member’s unborn child.
(b) “Spouse” also means a person who was married to the member for less than 12 months, if the member’s death was accidental, or for the period beginning prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1) A member’s death is defined as accidental only if he or she received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2) This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months, due to a known illness.