California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 7 - Benefits › Section 583 - Election of Survivor Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An election of 1959 survivor allowance coverage as
						provided for by Section
						21577 of
						the Government Code shall be subject to the following conditions:
(1) Notice of right to elect 1959 survivor
					 coverage shall be provided by the System to contracting agencies subject to
					 Chapter 9, Article 6 of the Government Code. It shall be the contracting
					 agency's responsibility to notify eligible members of their right to elect
					 hereunder.
(2) Eligible members who
					 are employees of a contracting agency on the date such agency becomes subject
					 to Government Code Section
					 21577
					 shall have the right to elect 1959 survivor allowance coverage.
Such election must be made prior to or within 30 days of
						the effective date of the contracting agency's amendment to become subject to
						Section
						21577.
(3) Members who are employees of a
					 contracting agency on the date such agency becomes subject to Government Code
					 Section 21577, and who elected not to be
					 covered during the initial election period, shall have a second right of
					 election within a three-month period beginning nine months following the
					 effective date of the agency's contract for such coverage.
(4) To be valid, elections may be made only
					 by the member personally in writing in the format prescribed by the Executive
					 Officer and must be received at an office of the Board within the prescribed
					 time periods. A member's failure to submit a valid election will be deemed an
					 election to not be covered by the 1959 survivor allowance.
(5) A contracting agency's election to be
					 subject to Government Code Section
					 21572 in
					 lieu of Government Code Section
					 21571
					 shall not create a new right of election by employees of that agency.
(6) A member's effective date of coverage
					 shall be (a) the date a valid election is received by the Board, during the
					 first election period; or (b) the date which is one year following the
					 effective date of the agency's contract for such coverage with respect to valid
					 elections during the second election period; or (c) the date of membership for
					 members entering employment after the date of the agency's contract for such
					 coverage.
(7) Contributions for a
					 member so electing shall begin in the pay period during which coverage becomes
					 effective.
1. New
						section filed 10-22-69 as an emergency; designated effective 11-10-69 (Register
						69, No. 43).
2. Certificate of Compliance--Section
						11422.1,
						Gov. Code, filed 12-30-69 (Register 70, No. 1).
3. Amendment filed
						4-30-74 as an emergency; effective upon filing (Register 74, No.
						18).
4. Amendment filed 9-6-74; effective thirtieth day thereafter
						(Register 74, No. 36).
5. Repealer and new section filed 6-11-82;
						effective thirtieth day thereafter (Register 82, No. 24).
6. Change
						without regulatory effect amending first paragraph, subsections (2)-(3) and (5)
						and NOTE filed 9-22-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code. Reference: Sections
						  21571,
						  21572,
						  21576,
						  21577 and
						  21583,
						  Government Code.