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AB-2085 Retirement systems: surviving spouse.(2017-2018)

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Date Published: 03/20/2018 09:00 PM

Amended  IN  Assembly  March 20, 2018


Assembly Bill
No. 2085

Introduced by Assembly Member Cooley

February 07, 2018

An act to add Section 31480.1 of the Government Code, relating to retirement.


AB 2085, as amended, Cooley. Retirement systems: surviving spouse.
The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts to establish retirement systems in order to provide pension benefits to their employees and beneficiaries. Existing law requires, after a member’s death, any retirement allowance earned but not yet paid to the member to be paid to the member’s designated beneficiary. Existing law authorizes the surviving spouse of a member who did not designate a beneficiary prior to death to file with the board, as specified, to be deemed the beneficiary.
This bill would define surviving spouse, for purposes of CERL, as a person legally married to the member, who is neither divorced nor legally separated at the time of the member’s death death, and who meets other relevant requirements, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 Section 31480.1 is added to the Government Code, to read:

 “Surviving spouse,” as used in the this chapter, means a person who has is legally married to the member, who is neither divorced nor legally separated from the member, is the spouse of the member at the time of the member’s death, and who meets all other requirements of this chapter pertaining to the length of the marriage and the person’s age at the time of the member’s death.