reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 6 - Optional Settlements Prior to January 1, 2018 › Section 21464.

21464. Notwithstanding any provision of this part, a retired member who chose no optional settlement or optional settlement one at retirement and who marries after retirement may elect to have the actuarial equivalent, as of the date of the election, of the allowance payable for the remainder of the member’s lifetime applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name the member’s spouse as beneficiary.
The election provided by this section is irrevocable and shall be made within 12 months following a member’s marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section.
A member who married prior to or after January 1, 1988, who fails to elect within 12 months, shall retain the right to make an election under this section. However, the election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election.
This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board.
This section shall apply to any member who retires on or before December 31, 2017.
(Amended by Stats. 2019, Ch. 330, Sec. 15. (SB 782) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 6 - Optional Settlements Prior to January 1, 2018 › Section 21465.

21465. (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s unmodified monthly allowance, as prescribed in Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423, when a service retirement allowance is payable. The actuarial present value shall be based upon the investment return and postretirement mortality assumptions adopted by the board for that purpose. The member may elect to receive the actuarial present value of no less than 20 percent and no more than 50 percent of his or her unmodified allowance. The member may elect to receive the remaining portion of the unmodified allowance, not distributed as a lump-sum payment, under one of the settlements specified in this article for the remainder of his or her lifetime and thereafter to his or her designated beneficiary, unless this amount is solely limited to the survivor continuance portion. The portion of the unmodified allowance equivalent to the survivor continuance pursuant to Section 21624 may not be distributed as a lump-sum payment. The benefits provided under this section may not exceed the benefits that would have otherwise been provided under any other section in this article.
(b) This section shall only apply to the following members who retire on or after January 1, 1999, and on or before December 31, 2017:
(1) State peace officer/firefighter members in State Bargaining Unit 6.
(2) State peace officer/firefighter members in State Bargaining Unit 8 and state patrol members in State Bargaining Unit 5, if a memorandum of understanding has been agreed upon by the state and the recognized employee organization to become subject to this section.
(3) This section shall also apply to state peace officer/firefighter members and state patrol members in related supervisory and confidential positions, if the Department of Human Resources has approved their inclusion.
(Amended by Stats. 2016, Ch. 199, Sec. 21. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21470.

21470. This system shall provide to any member who retires on or after January 1, 2018, and requests materials relating to retirement, a written explanation of the effects, if any, of each possible decision relating to the selection of optional settlements, beneficiaries, and survivor benefits upon health benefits that are provided pursuant to Part 5 (commencing with Section 22750).
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21471.

21471. (a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to a member until his or her death. There is no continuing allowance to a beneficiary and there is no return of unused accumulated contributions after the death of the member.
(b) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21471.1.

21471.1. (a) In lieu of electing the unmodified allowance, a member may elect to have the actuarial equivalent of his or her unmodified allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in this article. The election with respect to a member subject to Section 21624, 21629, or 21630 at retirement, shall apply to all of the retirement allowance, if, at the effective date of retirement, the member has no spouse, children, or dependent parents who would qualify for an allowance under Section 21624, 21629, or 21630, as applicable, after the death of the member; or, if at retirement there are persons who would so qualify, then the election with respect to any optional settlement other than the optional settlement in Section 21474, shall apply only to the portion of the allowance that exceeds the amount of the allowance payable to the survivor.
(b) An actuarial equivalent under this article may be adjusted by the board for the intervals and upon the effective dates determined by the board.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21471.2.

21471.2. If a member elects an optional settlement that provides for a monthly allowance for his or her named beneficiary or beneficiaries, the combined allowance payable to the member’s named beneficiary or beneficiaries and the member’s survivor pursuant to Section 21624, 21629, or 21630, if applicable, cannot exceed the amount of the member’s monthly allowance.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21472.

21472. (a) An election, revocation, or change of election shall be made within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. “Change in retirement status” includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement
(b) For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the member’s account.
(c) This section shall not be construed to authorize a member to change his or her retirement status after the election, revocation, or change of election provided in this section.
(d) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21473.

21473. (a) Notwithstanding Section 21472, the election of an optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 in which a spouse is designated as the beneficiary, may be modified as provided in this section in the event of a dissolution of marriage or a legal separation in which the division of the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which a court confirms the annulment. The modification shall provide that payment shall be continued during the retired member’s lifetime in accordance with the optional settlement then in effect but that no monthly allowance shall be paid following the retired member’s death, and in lieu thereof there shall be paid in a lump sum to the member’s estate or a beneficiary designated by him or her the amount, if any, by which the member’s accumulated contributions at retirement exceed the total payments made to the retired member to the date of his or her death.
(b) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2017, Ch. 241, Sec. 15. (SB 525) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21474.

21474. (a) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to a member until his or her death and if he or she dies before he or she receives in annuity payments the amount of his or her accumulated contributions at retirement, to have the balance at death paid to his or her beneficiary or beneficiaries.
(b) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21475.

21475. (a) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have the same monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor.
(b) Upon the death of both the member and the named beneficiary, any remaining balance of the member’s accumulated contributions at retirement not used to fund the allowances paid to the member and the named beneficiary will be paid in a lump sum to a secondary beneficiary or beneficiaries named by the member.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21475.5.

21475.5. (a) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her death and thereafter to have the same monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor.
(1) If the beneficiary predeceases the member, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement.
(2) If a nonspouse beneficiary waives entitlement to this allowance, the member’s allowance shall be adjusted effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary to reflect the benefit that would have been paid had the member not selected an optional settlement.
(3) If the marriage of a member is dissolved or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, or in the event of an annulment of marriage in which the court confirms the annulment, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement.
(b) Nothing in this section shall result in additional cost to the employer.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2017, Ch. 241, Sec. 16. (SB 525) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21476.

21476. (a) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of the member’s monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to one-half of that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor.
(b) Upon the death of both the member and the named beneficiary, any remaining balance of the member’s accumulated contributions at retirement not used to fund the allowances paid to the member and the named beneficiary will be paid in a lump sum to the secondary beneficiary or beneficiaries named by the member.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21476.5.

21476.5. (a) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of the member’s monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to one-half of that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor.
(1) If the beneficiary predeceases the member, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement.
(2) If the marriage of a member is dissolved or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, or in the event of an annulment of marriage in which the court confirms the annulment, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement.
(3) If a nonspouse beneficiary waives entitlement to this allowance, the member’s allowance shall be adjusted, effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement.
(b) Nothing in this section shall result in additional cost to the employer.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2017, Ch. 241, Sec. 17. (SB 525) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21477.

21477. (a) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a monthly allowance paid to his or her named beneficiary or beneficiaries for life. Subject to Section 21471.2, the member may select the monthly allowance payable to the named beneficiary or beneficiaries from the options below:
(1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount determined by the member be paid to a named beneficiary or beneficiaries for life.
(2) Specific Percentage to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the member’s allowance be paid to a named beneficiary or beneficiaries for life.
(3) Court Ordered Community Property. Upon receipt of documentation by the board and solely for purposes of dividing community property in connection with the legal separation or dissolution of marriage, a court may order the member to select this option to provide the nonmember spouse with a lifetime monthly allowance equal to the nonmember spouse’s system interest as defined in the court order. This order shall comply with Section 2610 of the Family Code.
(A) Any portion of the member’s unmodified benefit that is not awarded to the nonmember spouse shall be the member’s separate benefit.
(B) The actuarial reduction necessary to provide a lifetime benefit to the nonmember spouse shall be based on the joint lives of both the member and the nonmember spouse as determined by the board. Unless the court order provides otherwise, the actuarial reduction will be applied to the nonmember spouse’s system interest.
(C) A member who selects this option shall have the right to receive his or her separate interest for his or her life alone or may designate another beneficiary or beneficiaries to receive a benefit after the member’s death as set forth in Section 21471 or 21474, or this section.
(D) This section is not intended to limit the parties’ rights to obtain a court order providing for any other division of the community property interest acceptable to the board in accordance with Section 2610 of the Family Code or for the selection of a different optional settlement.
(b) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2017, Ch. 241, Sec. 18. (SB 525) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21478.

21478. (a) A member who elects to receive the unmodified allowance or the optional settlement in Section 21474, or the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477, and who names his or her spouse as the option beneficiary, and whose spouse is also an eligible survivor for the benefits provided by Section 21624, 21626, 21627, 21628, 21629, or 21630, and if the total benefit to the surviving spouse is at least 50 percent of the member’s unmodified allowance, may concurrently and irrevocably elect to have his or her allowance paid as a “qualified joint and survivor annuity.” Notwithstanding any other provision of this part, upon the election, the survivor allowance shall be paid only to the member’s spouse and shall continue to be paid upon the remarriage of the spouse. Any cost due to this election shall be paid by the member through an actuarial reduction to his or her allowance.
(b) For purposes of this section, a member’s retirement allowance shall be determined without regard to any limitation required pursuant to Section 415 of Title 26 of the United States Code but the amount payable to the spouse shall be subject to those limits as if it were the retirement allowance of the member.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21479.

21479. (a) A member retiring for service may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows:
(1) A temporary annuity in an amount specified by the member but which shall not result in a reduction to his or her unmodified allowance by more than 50 percent.
(2) A life income consisting of his or her service retirement annuity plus the pension provided by the actuarial value of his or her current and prior service pensions remaining after providing the temporary annuity in paragraph (1).
(b) The temporary annuity under subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on his or her effective date of retirement and continuing until the member reaches 59 years and six months of age or any whole age between 60 and 68 years of age, as designated by the member at the time of his or her retirement. If his or her death occurs prior to that age, the commuted value of any remaining installments shall be paid to his or her designated beneficiary in a lump sum.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21480.

21480. (a) Notwithstanding Section 21479, a member retiring for service who became a member of the system on or after January 1, 2002, and who is covered under the federal system but is not yet receiving a retirement or disability benefit under that system, may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows:
(1) A temporary annuity that shall not exceed the primary social security benefit that is anticipated the member shall be entitled to receive at social security retirement age, which age shall be designated by the member.
(2) A life income consisting of the member’s service retirement annuity plus the pension provided by the actuarial value of the member’s current and prior service pensions remaining after providing the temporary annuity in paragraph (1).
(b) The temporary annuity under paragraph (1) of subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on the member’s effective date of retirement and continuing until the retired member attains the age designated by the member under subdivision (a). If the member dies prior to the designated age, the commuted value of any installments payable for the period remaining until the member would have attained that age shall be paid to the member’s designated beneficiary in a lump sum.
(c) This section shall apply to any member who retires on or after January 1, 2018.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21481.

21481. (a) (1) Notwithstanding any other provision of this part, a member who elected the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477, may, if the beneficiary predeceases the member or if the member marries and the former spouse was not named as beneficiary, or, if a former spouse was named, in the event of a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which the court confirms the annulment, elect to have the actuarial equivalent reflecting any selection against the fund resulting from the election as of the date of election of the allowance payable for the remainder of the member’s lifetime under the optional settlement previously chosen applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name a different beneficiary.
(2) Notwithstanding paragraph (1), for an election pursuant to this section that occurs on or after January 1, 2014, a member may name the same beneficiary as previously designated, provided that the resulting benefit to the member and the named beneficiary otherwise meets the requirements of this section.
(b) The election provided by this section is irrevocable and shall be made within 12 months following the death of the beneficiary who predeceased the member or within 12 months of the date of entry of the annulment of marriage or judgment dividing the community property of the parties, or within 12 months following marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section.
(c) A member who has a qualifying event and who fails to elect within 12 months, shall retain the right to make an election under this section. However, this election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election.
(d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board.
(e) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2017, Ch. 241, Sec. 19. (SB 525) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21482.

21482. (a) Notwithstanding any provision of this part, a retired member who chose no optional settlement or the optional settlement in Section 21474 at retirement and who marries after retirement may elect to have the actuarial equivalent, as of the date of the election, of the allowance payable for the remainder of the member’s lifetime applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name the member’s spouse as beneficiary.
(b) The election provided by this section is irrevocable and shall be made within 12 months following a member’s marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section.
(c) A member who married prior to or after January 1, 1988, who fails to elect within 12 months, shall retain the right to make an election under this section. However, the election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election.
(d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board.
(e) This section shall apply to any member who retires on or after January 1, 2018.
(Amended by Stats. 2019, Ch. 330, Sec. 16. (SB 782) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 13 - Retirement Benefits › ARTICLE 7 - Optional Settlements On and After January 1, 2018 › Section 21483.

21483. (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s unmodified monthly allowance, as prescribed in Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423, when a service retirement allowance is payable. The actuarial present value shall be based upon the investment return and postretirement mortality assumptions adopted by the board for that purpose. The member may elect to receive the actuarial present value of no less than 20 percent and no more than 50 percent of his or her unmodified allowance. The member may elect to receive the remaining portion of the unmodified allowance, not distributed as a lump-sum payment, under one of the settlements specified in this article for the remainder of his or her lifetime and thereafter to his or her designated beneficiary, unless this amount is solely limited to the survivor continuance portion. The portion of the unmodified allowance equivalent to the survivor continuance pursuant to Section 21624 may not be distributed as a lump-sum payment. The benefits provided under this section may not exceed the benefits that would have otherwise been provided under any other section in this article.
(b) This section shall only apply to the following members who retire on or after January 1, 2018:
(1) State peace officer/firefighter members in State Bargaining Unit 6.
(2) State peace officer/firefighter members in State Bargaining Unit 8 and state patrol members in State Bargaining Unit 5, if a memorandum of understanding has been agreed upon by the state and the recognized employee organization to become subject to this section.
(3) State peace officer/firefighter members and state patrol members in supervisory and confidential positions related to the members described in paragraph (1) or (2), if the Department of Human Resources has approved their inclusion.
(Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21490.

21490. (a) Except as provided in subdivision (b), a member may at any time, including, but not limited to, at any time after reaching retirement age, designate a beneficiary to receive the benefits as may be payable to his or her beneficiary or estate under this part, by a writing filed with the board.
(b) (1) No designation may be made in derogation of the community property share of any nonmember spouse when any benefit is derived, in whole or in part, from community property contributions or service credited during the period of marriage, unless the nonmember spouse has previously obtained an alternative order for division pursuant to Section 2610 of the Family Code.
(2) No designation may be made by an unmarried member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death if that designation is in derogation of the rights of the member’s unmarried, dependent children who are under the age of 18 years at the time of the member’s death.
(c) The designation, subject to conditions imposed by board rule, may be by class, in which case the members of the class at the time of the member’s death shall be entitled as beneficiaries. The designation shall also be subject to the board’s conclusive determination, upon evidence satisfactory to it, of the existence, identity or other facts relating to entitlement of any person designated as beneficiary, and payment made by this system in reliance on any determination made in good faith, notwithstanding that it may not have discovered a beneficiary otherwise entitled to share in the benefit, shall constitute a complete discharge and release of this system for further liability for the benefit.
(Amended by Stats. 2000, Ch. 1002, Sec. 7. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21491.

21491. A person who is entitled to receive a monthly allowance as a survivor of a deceased person may designate a beneficiary to receive the pro rata allowance payable following his or her death. The beneficiary designation shall be filed by the survivor with the board in writing in order to be effective, and the designation shall be subject to all laws applicable to designations of beneficiaries. A survivor may revoke his or her beneficiary designation at any time. A beneficiary designation by a survivor shall not be subject to the automatic revocation of designation provisions of Section 21492.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21492.

21492. The designation of a beneficiary under the optional settlements in Sections 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, and 21477, and in Section 21458, if a benefit involving the life contingency of the beneficiary is provided, is irrevocable from the time of the first payment on account of any retirement allowance. Otherwise a designation of beneficiary under this system is revocable at the pleasure of the member who made it. A member’s marriage, dissolution of marriage, annulment of his or her marriage, the birth of his or her child, or his or her adoption of a child shall constitute an automatic revocation of his or her previous revocable designation of beneficiary. A member’s termination of employment and withdrawal of contributions shall constitute an automatic revocation of the previous revocable designation of beneficiary. Subsequent reemployment or reinstatement from retirement to employment covered by this system shall not reinstate the previous designation of beneficiary.
Upon revocation of any beneficiary designation, a member may designate the same or another beneficiary by a writing filed with the board, except as otherwise provided in Section 21490.
(Amended by Stats. 2016, Ch. 199, Sec. 23. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21493.

21493. (a) If a person had no beneficiary designation in effect on the date of death, any benefit payable shall be paid to the survivors of the person in the following order:
(1) The decedent’s spouse.
(2) The decedent’s natural or adopted children, including a natural child adopted by another who meets the following criteria:
(A) The natural parent and adopted child lived together at any time as parent and child or the natural parent was married to or was cohabiting with the other natural parent at the time the child was conceived and died before the birth of the child; and
(B) The child was adopted by the spouse of either of the natural parents or after the death of either of the natural parents or the child is a natural child adopted by another as that phrase is defined or construed by the Probate Code.
(3) The decedent’s parents.
(4) The decedent’s brothers and sisters.
(b) If a deceased person had no effective beneficiary designation and there are no survivors in the groups specified in subdivision (a) who are entitled to the benefit under this section, the benefit shall be paid to the estate of the decedent, if the estate is either probated or subject to probate. Any benefit payable by this system may be paid either to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative, or, in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator.
(c) If there are no survivors in the groups specified in subdivision (a) and the estate of the person described in subdivision (b) does not require probate, irrespective of whether probate is filed, the benefit shall be paid directly to the decedent’s trust.
(d) If there are no survivors in the groups specified in subdivision (a) and the estate of the person described by subdivision (b) does not require probate, irrespective of whether probate is filed, and the decedent has not established a trust as described by subdivision (c), the benefit shall be paid directly to the surviving next of kin in the following order:
(1) Stepchildren.
(2) Grandchildren, including stepgrandchildren.
(3) Nieces and nephews.
(4) Great grandchildren.
(5) Cousins.
(e) For purposes of determining the application of subdivisions (b), (c), and (d), the amount of the benefit payable from this system shall not be included in calculating the worth of the estate.
(f) For purposes of this section, the term “stepchild” shall mean a person who had a regular parent-child relationship with the deceased person.
(Amended by Stats. 2011, Ch. 440, Sec. 12. (AB 1028) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21494.

21494. If, upon the death of a person there is a valid beneficiary designation on file with the board naming the decedent’s estate as beneficiary, and the estate will be probated, benefits shall be paid to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative, or in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator.
If the deceased person had a will, but the estate does not require probate, benefits may, in the judgment of the board, be paid to the beneficiary or beneficiaries, as specified in the will, notwithstanding any other provision of law.
If the deceased person left no will but had a trust, but the estate does not require probate, benefits may, in the judgment of the board, be paid to the successor trustee as named in the trust.
If the deceased person left no will or trust and the estate does not require probate, but the decedent designated his or her estate as the beneficiary, the benefit shall be paid to the next of kin pursuant to Section 21493.
(Amended by Stats. 2011, Ch. 440, Sec. 13. (AB 1028) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21495.

21495. (a) Payment of any benefit shall not be made to those persons covered by Section 21493 if there are eligible recipients who are living members of a higher ranking class of beneficiaries as set forth in that section.
(b) Payments made pursuant to Section 21493, 21494, or 21506, upon the board’s good faith determination of entitlement based on satisfactory evidence of entitlement, shall constitute a complete discharge and release of this system from liability for those payments.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21496.

21496. The board’s good faith determination of entitlement to payment pursuant to Section 21493, 21494, or 21506 shall be based upon such evidence as a death certificate, marriage certificate, or birth certificate for persons in a higher ranking group of statutory beneficiaries. However, where the evidence is not available, the board may accept a sworn statement by one claiming to be a beneficiary that there are no living individuals in any of the higher ranking groups of statutory beneficiaries, that the estate does not require probate, or that the relationship of the claimant to the decedent is as claimed.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21497.

21497. If the total value of the benefit to be paid pursuant to Section 21493, 21494, or 21506 is less than an amount determined by the board, the benefit may be paid to the first member of the entitled class of beneficiaries who files a claim. If the total value of the benefit pursuant to any of these sections exceeds the amount established by the board but the number of qualifying beneficiaries under these sections is such that any individual benefit will be less than the amount established by the board, the board shall limit the number of beneficiaries so that no individual’s benefit will be less than the amount established by the board. The board shall determine the recipients on the basis of the order in which claims are made.
(Amended by Stats. 1999, Ch. 785, Sec. 13. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21498.

21498. The board may fix such time as it deems reasonable during which claims for benefits pursuant to Sections 21493, 21494, and 21506 may be made. Anyone who is provided a claim form shall be given the same amount of time in which to file it as any other claimant. The board shall have no duty to identify or locate any member of any class of beneficiaries.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21499.

21499. (a) Notwithstanding Section 21498, when either an initial payment of a preretirement or postretirement death allowance or a preretirement or postretirement lump-sum benefit is payable in an amount of ten dollars ($10) or more, it shall be authorized to the Controller within 45 days of receipt by this system of all the necessary information, including the return of warrants issued or any overpayment outstanding after the date of the death of the annuitant.
(b) If any payment is not made within that time limitation, the payment shall also include interest at the default interest rate established in Section 1 of Article XV of the California Constitution for time following the expiration of that time limitation.
(Amended by Stats. 2016, Ch. 415, Sec. 30. (AB 2375) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 14 - Death Benefits › ARTICLE 1 - General Provisions › Section 21499.1.

21499.1. Any overpayment, issued after the date of death to a member, retired member, or beneficiary, made to or on behalf of any member, retired member, or beneficiary, including, but not limited to, contributions, interest, retirement allowance, payments of any kind, or federal or state tax, shall be deducted from any subsequent payment or benefit that is payable by this system as a result of the death.
(Added by Stats. 2021, Ch. 186, Sec. 10. (SB 634) Effective January 1, 2022.)