BILL NUMBER: SB 670 CHAPTERED 07/23/99 CHAPTER 161 FILED WITH SECRETARY OF STATE JULY 23, 1999 APPROVED BY GOVERNOR JULY 22, 1999 PASSED THE ASSEMBLY JULY 12, 1999 PASSED THE SENATE MAY 24, 1999 AMENDED IN SENATE APRIL 28, 1999 INTRODUCED BY Senator Rainey FEBRUARY 24, 1999 An act to amend Sections 31760.2, 31785.1, and 31786.1 of the Government Code, relating to county employees retirement. LEGISLATIVE COUNSEL'S DIGEST SB 670, Rainey. County employees retirement: death benefits. The County Employees Retirement Law of 1937 contains alternative death benefits provisions that are operative in any county when adopted by a majority vote of the board of supervisors. This bill would make those provisions operative by a majority vote of the board of retirement of any county. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 31760.2 of the Government Code is amended to read: 31760.2. Notwithstanding Section 31760.1, upon the death of any member after retirement for service or non-service-connected disability from a retirement system established in a county pursuant to this chapter, 60 percent of his or her retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued throughout life to his or her surviving spouse. If there is no surviving spouse entitled to an allowance under this section or if she or he dies before every child of the deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived, shall be paid to his or her child or children under that age collectively, to continue until every such child dies or attains that age. However, no child shall receive any allowance after marrying or attaining the age of 18 years. No allowance shall be paid under this section to a surviving spouse unless he or she was married to the member at least two years prior to the date of death and has attained the age of 55 years on or prior to the date of death and no other person has been designated in an order of a court in a domestic relations proceeding as a payee. Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to the children through the age of 21 if the children remain unmarried and are regularly enrolled as full-time students in an accredited school, as determined by the board. If at the death of any retired member there is no surviving spouse or minor children eligible for the 60-percent continuance provided in this section and the total retirement allowance income received by him or her during his or her lifetime did not equal or exceed his or her accumulated normal contributions, his or her designated beneficiary shall be paid an amount equal to the excess of his or her accumulated normal contributions over his or her total retirement allowance income. No allowance shall be paid pursuant to this section to any person who is entitled to an allowance pursuant to Section 31760.1. The superseding rights pursuant to this section shall not affect benefits payable to a named beneficiary as provided under Section 31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3, 31789.5, or 31790. This section shall not be operative in any county until the time as the board of retirement shall, by a majority vote, make this section applicable in the county. SEC. 2. Section 31785.1 of the Government Code is amended to read: 31785.1. Notwithstanding Section 31785, upon the death of any safety member, after retirement for service or non-service-connected disability from a retirement system established in a county pursuant to this chapter, 60 percent of his or her retirement allowance if not modified in accordance with one of the optional settlements specified in Article 11 (commencing with Section 31760), shall be continued throughout life to his or her surviving spouse. If there is no surviving spouse entitled to an allowance under this section or if she or he dies before every child of the deceased safety member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived, shall be paid to his or her child or children under that age, collectively, to continue until every child dies or attains that age. However, no child shall receive any allowance after marrying or attaining the age of 18 years. No allowance shall be paid under this section to a surviving spouse unless he or she was married to the safety member at least two years prior to the date of death and has attained the age of 55 years on or prior to the date of death and no other person has been designated in an order of a court in a domestic relations proceeding as a payee. Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to the children through the age of 21 if the children remain unmarried and are regularly enrolled as full-time students in an accredited school as determined by the board. No allowance shall be paid pursuant to this section to any person who is entitled to an allowance pursuant to Section 31785. The superseding rights pursuant to this section shall not affect benefits payable to a named beneficiary as provided under Section 31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3, 31789.5, or 31790. This section shall not be operative in any county until the time as the board of retirement shall, by a majority vote, make this section applicable in the county. SEC. 3. Section 31786.1 of the Government Code is amended to read: 31786.1. Notwithstanding Section 31786, upon the death of any member after retirement for service-connected disability, his or her retirement allowance as it was at his or her death if not modified in accordance with one of the optional settlements specified in Article 11 (commencing with Section 31760), shall be continued throughout life to his or her surviving spouse. If there is no surviving spouse entitled to an allowance under this section or if he or she dies before every child of the deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived, shall be paid to his or her child or children under that age, collectively, to continue until every such child dies or attains that age. However, no child shall receive any allowance after marrying or attaining the age of 18 years. No allowance shall be paid under this section to a surviving spouse unless he or she was married to the member at least two years prior to the date of death and has attained the age of 55 years on or prior to the date of death and no other person has been designated in an order of a court in a domestic relations proceeding as a payee. Notwithstanding any other provisions of this section, the benefits otherwise payable to the children of the member shall be paid to the children through the age of 21 if the children remain unmarried and are regularly enrolled as full-time students in an accredited school as determined by the board. No allowance shall be paid pursuant to this section to any person who is entitled to an allowance pursuant to Section 31786. The superseding rights pursuant to this section shall not affect benefits payable to a named beneficiary as provided under Section 31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3, 31789.5, or 31790. This section shall not be operative in any county until the time as the board of retirement shall, by a majority vote, make this section applicable in the county.