Code Section Group

Government Code - GOV

TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205]

  ( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 4. EMPLOYEES [31000 - 33017]

  ( Division 4 added by Stats. 1947, Ch. 424. )

PART 3. RETIREMENT SYSTEMS [31200 - 33017]

  ( Part 3 added by Stats. 1947, Ch. 424. )

CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898]

  ( Chapter 3 added by Stats. 1947, Ch. 424. )

ARTICLE 15.6. Survivors’ Allowances [31855 - 31855.12]
  ( Article 15.6 added by Stats. 1974, Ch. 415. )

31855.
  

It is the intent of the Legislature to provide by this article a means by which any county which has provided all or any of officers and employees with both retirement benefits pursuant to this chapter and federal social security benefits on a nonintegrated basis may provide the benefits set forth herein as an alternative to survivorship benefits under social security. Accordingly, this article shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by majority vote and specifying the class or classes of employees to which it applies, make the provisions of this article applicable in such county, and a majority of the members of the affected class or classes voting at an election held during 1974 with more than 50 percent of the members participating favor the termination of supplemental survivorship benefits under social security. Any such resolution may specify a date subsequent to the date of adoption as the operative date for implementation of this article.

(Amended by Stats. 1974, Ch. 1000.)

31855.1.
  

This article shall not be applicable to any member who has retired or been placed in a deferred retirement status prior to the date this article becomes operative in any county; provided, however, that if such member reenters county employment on a full-time basis subsequent to the operative date of the article, it shall become applicable to such member.

(Added by Stats. 1974, Ch. 415.)

31855.2.
  

Adoption of an enabling resolution by a board of supervisors shall make the provisions of this article applicable only to officers and employees of that county. If the governing board of any special district whose employees are within the retirement system of that county desire to include their employees within the coverage of this article, they shall do so by adoption of a resolution so to do by a majority of all of the members of the board.

(Added by Stats. 1974, Ch. 415.)

31855.3.
  

As used in this article “child” means a member’s child who, when the member dies, is both dependent on the member and unmarried, as well as any of the following:

(a) Under 18 years of age.

(b) Any age, totally disabled, and became totally disabled before reaching 18 years of age.

(c) Between 18 and 22 years of age, and enrolled as a full-time student in an accredited school, as determined by the board.

(Amended by Stats. 2018, Ch. 92, Sec. 112. (SB 1289) Effective January 1, 2019.)

31855.4.
  

As used in this article “parent” means the father or mother of the deceased member who at the time of the death of such member was not less than 62 years of age and was receiving not less than one-half of his or her support from the member, and who has not remarried since the member’s death.

(Added by Stats. 1974, Ch. 415.)

31855.5.
  

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death, the member’s surviving spouse shall be paid a monthly survivor’s allowance equal to the sum, based upon the appropriate factual circumstances, specified in Section 31855.8 or 31855.12.

(Amended by Stats. 2009, Ch. 9, Sec. 1. (AB 1355) Effective January 1, 2010.)

31855.6.
  

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death and who is survived by one or more children but no surviving spouse, the child or children shall be entitled to a monthly survivor’s allowance as specified in Section 31855.8 or 31855.12. The monthly survivor’s allowance of two or more children shall be divided equally as to those children.

(Amended by Stats. 2009, Ch. 9, Sec. 2. (AB 1355) Effective January 1, 2010.)

31855.7.
  

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death, the member’s surviving parent or parents shall be entitled to a monthly survivor’s allowance as specified in Section 31855.8 or 31855.12.

(Amended by Stats. 2009, Ch. 9, Sec. 3. (AB 1355) Effective January 1, 2010.)

31855.8.
  

Monthly survivor’s allowances shall be based upon the following table:

 Monthly

Member’s survivors

 allowances

Surviving spouse caring for one child  ........................

 $591.80

Surviving spouse caring for two or more children  ........................

690.40

One child only  ........................

295.90

Two children only  ........................

581.80

Three or more children  ........................

690.40

Widow or widower age 62 (no child)  ........................

327.10

Each of two dependent parents at age 62  ........................

295.90

Sole dependent parent at age 62  ........................

325.50

Lump sum payment  ........................

255.00

(Added by Stats. 1974, Ch. 415.)

31855.9.
  

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death who is survived by a spouse with whom the member was living at the time of his or her death, the retirement system shall pay to the surviving spouse, in addition to all other payments due, if any, a lump sum supplemental survivorship benefit of two hundred fifty-five dollars ($255), as set forth in Section 31855.8 or 31855.12. If the member is not survived by a spouse with whom the member was living, the retirement system shall apply a lump sum supplemental survivorship benefit to reimburse the person who paid the funeral expenses of the member in an amount not to exceed two hundred fifty-five dollars ($255).

(Amended by Stats. 2010, Ch. 328, Sec. 90. (SB 1330) Effective January 1, 2011.)

31855.10.
  

In addition to the contributions required elsewhere in this chapter there shall be deducted from the salary or wages of each member covered by the provisions of this article, to finance the cost of the benefits provided herein, the sum of three dollars and fifty cents ($3.50) per month and an equivalent amount to be paid by the county as an additional county contribution. The amounts deducted pursuant to this section shall not be considered to be a portion of a member’s accumulated contributions and shall not be refunded to a member upon termination of service or for any other reason. The board is empowered to change the contribution figures set forth herein from time to time based on actuarial recommendation as to contributions needed to fund these benefits.

(Added by Stats. 1974, Ch. 415.)

31855.11.
  

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to the member’s death and who is survived by one or more children but no surviving spouse, or who is survived by one or more children who are not being cared for by the surviving spouse, the child or children shall be entitled to a monthly survivor’s allowance as specified in Section 31855.8 or 31855.12, as the case may be. The monthly survivor’s allowance of two or more children shall be divided equally as to those children.

This section is an alternative to Section 31855.6.

This section shall not be operative in any county which has adopted this article, until the board of supervisors, by resolution adopted by a majority vote, makes this section operative in the county.

(Added by Stats. 1991, Ch. 982, Sec. 6.)

31855.12.
  

Monthly survivor’s allowances shall be based upon the following table:

 Monthly

Member’s survivors

 allowances

Surviving spouse caring for one child  ........................

  $1,390

Surviving spouse caring for two or more children  ........................

 1,622

One child only  ........................

695

Two children only  ........................

 1,390

Three or more children  ........................

 1,622

Widow or widower age 62 (no child)  ........................

768

Widow or widower age 60 (no child)  ........................

663

Each of two dependent parents at age 62  ........................

695

Sole dependent parent at age 62  ........................

795

Lump-sum payment  ........................

255

This section is an alternative to Section 31855.8.

This section shall not be operative in any county which has adopted this article, until the board of supervisors, by resolution adopted by a majority vote, makes this section operative in the county.

(Added by Stats. 1991, Ch. 982, Sec. 7.)

GOVGovernment Code - GOV15.6