BILL NUMBER: SB 437	CHAPTERED  09/16/99

	CHAPTER   432
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   JUNE 2, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Rainey

                        FEBRUARY 16, 1999

   An act to add Section 23812 to the Education Code, relating to the
State Teachers' Retirement System.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 437, Rainey.  State Teachers' Retirement System:  benefits.
   The State Teachers' Retirement Law formerly provided that
eligibility for certain benefits was affected by the remarriage of a
surviving spouse.
   This bill would authorize surviving spouses of deceased members
who previously lost entitlement to benefits due to remarriage to
resume benefit payments on or after January 1, 2000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 23812 is added to the Education Code, to read:

   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 benefit
effective either on January 1, 2000, or the first of the month
following receipt by the board of a written application for
resumption of benefits, whichever date is later.  The amount of the
benefit payable shall be calculated as though the benefit had been
paid without interruption from the date of remarriage through the
benefit 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.