reglab/housing_qa huggingface dataset:
CA Educ Code § 23802 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23802.

23802.  (a) Upon receipt of proof of death of a member who has no preretirement option in effect, and who either does not meet the eligibility requirements set forth in Section 23804, or meets the eligibility requirements set forth in Section 23804 but has no eligible survivors for a family allowance as specified in Section 23805 or 23806, there shall be paid to the beneficiary both of the following:(1) The accumulated retirement contributions after July 1, 1935.(2) The accumulated annuity deposit contributions.(b) Accumulated contributions include credited interest through the date of payment.(c) A beneficiary may waive the right to the lump-sum payment pursuant to this section in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 12. (SB 1165) Effective January 1, 2019.)
CA Educ Code § 23803 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23803.

23803.  Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code, or any other provision of law, death payments and return of contributions pursuant to Sections 23801 and 23802, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death.(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
CA Educ Code § 23804 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23804.

23804.  (a) A family allowance is payable upon the death of an active member or a disabled member who was receiving a disability allowance that began to accrue after June 30, 1972.(b) (1) For the family allowance to be payable upon the death of the member, all of the following conditions shall be met at the time of death:(A) Death occurred after June 30, 1972.(B) A preretirement election of an option is not in effect.(C) The provisions for the death payment under this part have been met.(2) In addition to the conditions specified in paragraph (1), at least one-half year of credited service had been performed subsequent to the end of the last break, if a break in service of more than one year had occurred.(3) In addition to the conditions specified in paragraph (1), at least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service or disability retirement.(c) The family allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.(d) The family allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.(Amended by Stats. 2017, Ch. 298, Sec. 6. (AB 1325) Effective January 1, 2018.)
CA Educ Code § 23805.5 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23805.5.

23805.5.  (a) A parent claiming a benefit under Section 23805 is dependent if all of the following apply:(1) The parent was receiving one-half or more of his or her support from the member for the tax year preceding the member’s death.(2) The parent was declared as a dependent on the income tax return of the member for at least one of the two tax years preceding the member’s death.(3) No one else has assumed at least one-half of the parent’s support in the tax year of the member’s death.(4) The parent has net assets of not more than twenty-five thousand dollars ($25,000), excluding his or her personal residence and personal property therein.(b) A person claiming a benefit under Section 23805 or his or her guardian shall furnish the board a state or federal income tax return and any other evidence regarding his or her financial status as the board may require.(Added by Stats. 1999, Ch. 939, Sec. 61. Effective January 1, 2000.)
CA Educ Code § 23806 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23806.

23806.  (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the family allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child.(b) In the case of a dependent child age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child.(Amended by Stats. 1996, Ch. 1165, Sec. 16. Effective January 1, 1997.)
CA Educ Code § 23809 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23809.

23809.  The family allowance payable to the surviving spouse who has financial responsibility for at least one dependent child, or the family allowance payable to a dependent child, shall be reduced by an amount equal to the unmodified benefits paid or payable from other public systems for the same event which qualified the surviving spouse or dependent child for the family allowance.(Amended by Stats. 1996, Ch. 1165, Sec. 19. Effective January 1, 1997.)
CA Educ Code § 23810 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23810.

23810.  If the person or persons to whom a family allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of that event except as provided in Section 24600.(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
CA Educ Code § 23811 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23811.

23811.  (a) Upon termination of family allowances under this part and prior to the payment of allowances equal to the amount of the member’s accumulated retirement contributions at the time of death, the balance shall be paid to the member’s beneficiary.(b) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date family allowances were last paid or from the date of death, if no family allowance payments were made, to the date the balance is paid.(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
CA Educ Code § 23812 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 22 - Active Death Benefits: Family Allowance|Section 23812.

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 benefits effective either on January 1, 2000, or the first day of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefits payable shall be calculated as though the benefits had been paid without interruption from the date of remarriage through the benefits 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.(d) This section does not apply to the surviving domestic partner of a member.(Amended by Stats. 2004, Ch. 912, Sec. 14. Effective January 1, 2005.)
CA Educ Code § 23850 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23850.

23850.  This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Member,” as used in this chapter, means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under the death benefit provisions of this chapter.(Amended by Stats. 2000, Ch. 1025, Sec. 30. Effective January 1, 2001.)
CA Educ Code § 23851 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23851.

23851.  (a) A death payment of not less than twenty thousand dollars ($20,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of a member, who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods:(1) While in employment for which creditable compensation is paid.(2) Within four months after termination of creditable service or termination of employment, whichever occurs first.(3) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without creditable compensation for reasons other than disability.(4) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.(b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of termination of the service retirement allowance pursuant to Section 24208 or during the six calendar months commencing with the effective date of termination of the disability retirement allowance pursuant to Section 24117.(c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount.(d) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.(Amended by Stats. 2017, Ch. 298, Sec. 7. (AB 1325) Effective January 1, 2018.)
CA Educ Code § 23852 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23852.

23852.  Upon receipt of proof of death of a member who has no preretirement option in effect:(a) The surviving spouse may elect to receive either of the following:(1) The member’s accumulated retirement contributions in a lump sum.(2) If the member meets the provisions set forth in Section 23854, the survivor benefit allowance pursuant to Sections 23854 and 23855.(b) If there is no surviving spouse, and the member meets the provisions set forth in Section 23854, then each dependent child shall receive the child’s portion of the survivor benefit allowance pursuant to Sections 23854, 23855, and 23856. The child’s portion of the survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.(c) If there is no surviving spouse or dependent child to receive a benefit under subdivision (a) or (b), the member’s accumulated retirement contributions shall be paid to the member’s beneficiary in a lump sum.(d) The member’s accumulated annuity deposit contributions shall be paid to the member’s beneficiary in a lump sum.(e) The payment of accumulated contributions in a lump sum shall include credited interest through the date of payment.(f) A beneficiary may waive the right to the lump-sum payment or survivor benefit allowance in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 13. (SB 1165) Effective January 1, 2019.)
CA Educ Code § 23853 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23853.

23853.  Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, death payments and return of contributions pursuant to Sections 23851 and 23852, if any, may be requested by the surviving spouse or beneficiary and paid by the system as soon as practicable after receipt of proof of death.(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
CA Educ Code § 23854 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23854.

23854.  (a) A survivor benefit allowance is payable upon receipt of proof of death of a member, as defined in Section 23850, who had one or more years of credited service, including deemed service under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions.(b) For the survivor benefit allowance to be payable upon the death of a member, all of the following conditions shall be met at the time of death:(1) Death occurred after October 15, 1992.(2) A preretirement election of an option is not in effect.(3) Death occurs during any one of the following periods:(A) While in employment for which compensation is paid.(B) Within four months after termination of service or termination of employment, whichever occurs first.(C) Within four months after reinstatement from disability retirement.(D) Within 12 months following the last day for which compensation was paid if the member was on an approved leave of absence without compensation for reasons other than disability.(E) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.(4) At least one-half year of credited service had been performed subsequent to the end of the last break in service, if a break in service of more than one year had occurred.(5) At least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service retirement.(c) The survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.(d) The survivor benefit allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.(Amended by Stats. 2017, Ch. 298, Sec. 8. (AB 1325) Effective January 1, 2018.)
CA Educ Code § 23856 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23856.

23856.  (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the children’s portion of the survivor benefit allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child.(b) In the case of a dependent child who is age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child.(Amended by Stats. 1996, Ch. 1165, Sec. 21. Effective January 1, 1997.)
CA Educ Code § 23858 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23858.

23858.  If the person or persons to whom a survivor benefit allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of the event except as provided in Section 24600.(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
CA Educ Code § 23859 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 23 - Active Death Benefits: Survivor Benefits|Section 23859.

23859.  (a) Upon termination of a survivor benefit allowance pursuant to this chapter, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of accumulated retirement contributions shall be paid to the estate of the spouse.(b) If there is no spouse, and if there is a designated beneficiary pursuant to Section 23300, then upon termination of the survivor benefit allowance payable to all eligible dependent children pursuant to Section 23852, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of the accumulated retirement contributions shall be paid to the member’s designated beneficiary pursuant to Section 23300.(c) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date the last survivor benefit allowance payment was made or from the date of death of the member, if no survivor benefit allowance payments were made, to the date the balance is paid.(Amended by Stats. 2009, Ch. 304, Sec. 17. (SB 634) Effective January 1, 2010.)
CA Educ Code § 23880 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 13 - STATE TEACHERS' RETIREMENT SYSTEM|CHAPTER 24 - Retired Death Benefits|Section 23880.

23880.  (a) A death payment of not less than five thousand dollars ($5,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of either of the following:(1) A retired member.(2) A member, if the death payment pursuant to Section 23801 would have otherwise been payable or if the conditions specified pursuant to paragraphs (3) and (5) of subdivision (b) of Section 23854 are met, and if the member’s death occurs during one of the following periods:(A) Within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208.(B) Within six months commencing with the effective date of reinstatement from disability retirement pursuant to Section 24117.(b) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment any adjusted amount.(c) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.(Amended by Stats. 2017, Ch. 298, Sec. 9. (AB 1325) Effective January 1, 2018.)