2007 California Government Code Article 11. Optional Retirement Allowances

CA Codes (gov:31760-31768)

31760.  Until the first payment of any retirement allowance is made,
a member or retired member, in lieu of the retirement allowance for
his life alone, may elect to have the actuarial equivalent of his
retirement allowance as of the date of retirement applied to a lesser
retirement allowance payable throughout life in accordance with one
of the optional settlements specified in this article.



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 subject to the provisions of Section 31676.1,
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
hereunder or if she or he dies before every natural or adopted child
of the deceased member attains the age of 18 years, then the
allowance which the surviving spouse would have received had she or
he lived, shall be paid to his or her natural or adopted child or
children under that age collectively, to continue until every child
dies or attains that age; provided, that no child shall receive any
allowance after marrying or attaining the age of 18 years.  No
allowance, however, shall be paid under this section to a surviving
spouse unless she or he was married to the member at least one year
prior to the date of his or her retirement.  The right of a child or
children of a deceased member to receive an allowance under this
section, in the absence of an eligible surviving spouse, shall not be
dependent on whether the child or children were nominated by the
deceased member as the beneficiary of any benefits payable upon or by
reason of the member's death, and shall be superior to and shall
supersede the rights and claims of any other beneficiary so
nominated.
   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to
those 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.
   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.


31760.11.  Notwithstanding Section 31760.1, upon the death after
retirement of any member covered under Section 31751, 60 percent of
the member's retirement allowance, if not modified in accordance with
one of the optional settlements specified in this article, shall be
continued throughout life to the member's spouse if the spouse is
designated as the beneficiary.  No allowance, however, shall be paid
under this section to a surviving spouse unless she or he was married
to the member at least one year prior to the date of the member's
retirement.
   If there is an eligible spouse, in addition to the above, 20
percent of the member's unmodified retirement allowance shall be paid
to each of the member's children.  The maximum family benefit under
this section shall be 100 percent of the member's retirement
allowance.
   If, on the death after retirement of any member covered under
Section 31751, there is no spouse eligible for the 60 percent
continuance but there is at least one eligible child, or if there was
an eligible spouse and the spouse dies while there is at least one
eligible child, the child, or children collectively, shall be
entitled to the 60 percent continuance of the member's unmodified
allowance.
   As used in this section, "child" means a member's child who is
dependent upon such member at the time of his or her retirement and
while such child is unmarried and:
   (a) Under 18 years of age, or
   (b) Whether under or over 18 years of age, totally disabled and
such disability occurred prior to such child attaining the age of 18
years, or
   (c) Eighteen years of age or over, but has not attained the age of
22 years, and is enrolled as a full-time student in an accredited
school, as determined by the board.
   If, at the death of any retired member, there is no surviving
spouse or children eligible for the continuance of the allowance
provided in this section, and the total retirement allowance income
received by the member during the member's lifetime did not exceed
the member's accumulated normal contributions and cost-of-living
contributions, the member's designated beneficiary shall be paid an
amount equal to the excess of such contributions at retirement date
over the total amount of the retirement allowance income received by
the member.


31760.12.  Notwithstanding Section 31760.1, each survivor allowance
paid pursuant to Section 31760.1 on account of a member who retires
on or after the operative date of this section shall be equal to 65
percent of the member's monthly retirement allowance, if not modified
in accordance with one of the optional settlements specified in this
article.
   This section shall only be applicable to Los Angeles County and
shall not become operative until the board of supervisors of that
county elects, by resolution adopted by a majority vote, to make this
section operative in the county.



31760.13.  (a) Notwithstanding Section 31760.1, each survivor
allowance paid on or after the operative date of this section
pursuant to Section 31760.1 on account of a member who retires before
the operative date of this section shall be equal to 65 percent of
the member's monthly retirement allowance, if not modified in
accordance with one of the optional settlements specified in this
article, as adjusted for the net cost-of-living percentage increase,
if any, awarded to that survivor prior to the operative date of this
section.
   (b) This section shall only be applicable to Los Angeles County
and shall not become operative until the board of supervisors of that
county elects, by resolution adopted by a majority vote, to make
this section operative in the county.



31760.2.  (a) Notwithstanding Section 31481 or 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 to
his or her surviving spouse for life.  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 that 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 each child
dies or attains that age.  However, no child may receive any
allowance after marrying or attaining the age of 18 years.
   (b) No allowance may 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.
   (c) 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 years if the children
remain unmarried and are regularly enrolled as full-time students in
an accredited school, as determined by the board.
   (d) 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 the retired member during his or her lifetime did not
equal or exceed his or her accumulated normal contributions, the
retired member's 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.
   (e) No allowance may be paid pursuant to this section to any
person who is entitled to an allowance pursuant to Section 31760.1.
   (f) The superseding rights pursuant to this section do 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.
   (g) This section is not applicable in any county until the board
of retirement, by resolution adopted by a majority vote, makes this
section applicable in the county.  The board's resolution may
designate a date, which may be prior or subsequent to the date of the
resolution, as of which the resolution and this section shall be
operative in the county.



31760.3.  The sole purpose of this section is to notify the current
spouse of the selection of benefits or change of beneficiary made by
a member.  Nothing in this section is intended to conflict with
community property law.  An application for a refund of the member's
accumulated contributions, an election of optional settlement, or a
change in beneficiary designation shall contain the signature of the
current spouse of the member, unless the member declares, in writing
under penalty of perjury, any of the following:
   (a) The member is not married.
   (b) The current spouse has no identifiable community property
interest in the benefit.
   (c) The member does not know, and has taken all reasonable steps
to determine, the whereabouts of the current spouse.
   (d) The current spouse has been advised of the application and has
refused to sign the written acknowledgment.
   (e) The current spouse is incapable of executing the
acknowledgment because of incapacitating mental or physical
condition.
   (f) The member and the current spouse have executed a marriage
settlement agreement pursuant to Part 5 (commencing with Section
1500) of Division 4 of the Family Code which makes the community
property law inapplicable to the marriage.
   This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make this section applicable in the county.




31760.5.  (a) Notwithstanding Section 31760 and in lieu of the
retirement allowance and the continuing or survivor allowance, if
any, otherwise payable to a retired member and his or her surviving
spouse pursuant to this article, a member may elect in writing to
have the actuarial equivalent of these benefits, as of the date of
retirement, applied to a lesser amount payable throughout the retired
member's life, and to an increased survivor allowance as approved by
the board, upon the advice of the actuary, that, upon the death of
the retired member, shall be continued throughout the life of and
paid to his or her surviving spouse.  To qualify for benefits under
this section, the surviving spouse must be married to the member at
least one year prior to the date of retirement.  If there is no
surviving spouse entitled to this allowance, or if the surviving
spouse dies before every child of the deceased retired member,
including every stepchild and adopted child, attains the age of 18
years, then the increased survivor allowance that the spouse would
have received had he or she survived shall be paid to the deceased
retired member's child or children under the age of 18 years.  If the
increased survivor allowance is to be paid to surviving children, it
shall be divided among the children in equal shares.  However, the
right of any child to share in the allowance shall cease upon his or
her death, marriage, or attaining the age of 18 years.
   (b) Notwithstanding any other provisions of this section, the
allowance otherwise payable to the children of the deceased retired
member shall be paid through the age of 21 years if the children
remain unmarried and are regularly enrolled as full-time students in
any accredited school as determined by the board.
   (c) The election under this section may not, in the opinion of the
board and the actuary, place any additional burden upon the
retirement system.  If a member elects to be subject to this section,
the retirement allowance that would otherwise be payable to the
member shall be reduced by the additional cost to the system
resulting from the increased survivor allowance.  The actuarial cost
of the survivor allowance payable under this section shall be
calculated taking into account the life expectancy of the member's
surviving spouse.
   (d) This section is only applicable to Los Angeles County and is
not operative unless and until the board of supervisors of the county
elects, by resolution adopted by a majority vote, to make this
section operative in the county.  This section applies only to those
members who retire after the operative date of this section.




31760.7.  (a) A retired member, in order to provide for his or her
domestic partner, shall be entitled to elect or change any optional
retirement allowance pursuant to this article, if all of the
following criteria are satisfied:
   (1) The member retired on or before January 1, 2006.
   (2) At retirement, the member elected an unmodified retirement
allowance or one of the optional settlements specified in this
article naming his or her domestic partner as beneficiary.
   (3) At the time of election under this section, the retired member
and domestic partner are registered as domestic partners with the
Secretary of State, and provide a copy of their Certificate of
Registered Domestic Partnership to the retirement system.
   (4) The retired member and domestic partner sign an affidavit
under penalty of perjury stating that at least one year prior to the
member's service retirement effective date or at the disability
retirement date the member and partner would have qualified to be
registered as domestic partners pursuant to Section 297 of the Family
Code.
   (b) The retirement system has no obligation to locate or otherwise
contact retired members who may qualify for allowances under the
terms of this section.
   (c) Notwithstanding any other provision of this chapter, if a
retired member elects to change his or her retirement election
pursuant to this section, the member's allowance shall be adjusted
prospectively only. The adjusted retirement allowance shall be
effective on the first day of the month following receipt of the
member's signed election. The member shall not be eligible to recover
payment retroactively for any period between his or her retirement
effective date and the date of election under this section.
   (d) This section does not apply to members who are required to
provide a continuing benefit to a former spouse pursuant to court
order.
   (e) The right of a member to make an election pursuant to this
section shall expire on January 1, 2007.



31761.  Optional settlement 1 consists of the right to elect in
writing to have a retirement allowance paid him or her 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 estate or
to the person, having an insurable interest in his or her life, as
he or she nominates by written designation duly executed and filed
with the board.



31762.  Optional settlement 2 consists of the right to elect in
writing to have a retirement allowance paid to him or her until his
or her death, and thereafter to the person, having an insurable
interest in his or her life, as he or she nominates by written
designation duly executed and filed with the board at the time of his
or her retirement.



31763.  Optional settlement 3 consists of the right to elect in
writing to have a retirement allowance paid him or her until his or
her death, and thereafter to have one-half of his or her retirement
allowance paid to the person, having an insurable interest in his or
her life, as he or she nominates by written designation duly executed
and filed with the board at the time of his or her retirement.




31764.  Optional settlement 4 consists of the right to elect in
writing to have a retirement allowance paid him or her until his or
her death and thereafter to have other benefits as are approved by
the board, upon the advice of the actuary, continued throughout the
life of and paid to the persons, having an insurable interest in his
or her life, as he or she nominates by written designation duly
executed and filed with the board at the time of his or her
retirement.  The designation shall not, in the opinion of the board
and the actuary, place any additional burden upon the retirement
system.


31764.5.  (a) At retirement, a member who elects an optional
settlement pursuant to Section 31762, 31763, or 31764 may elect to
reduce his or her allowance to provide that if the named beneficiary
predeceases the member, the member's allowance shall be adjusted to
the amount he or she would have been entitled to receive at
retirement if his or her benefit had not been modified by an optional
settlement, adjusted by any cost-of-living increases that would have
been added to the monthly allowance.  The adjusted allowance shall
be effective on the first day of the month following the month in
which notification of the beneficiary's death is received by the
board.
   (b) This section may not become operative if, in the opinion of
the retirement board and the actuary, the allowances payable under
this section would place an additional financial burden on the
retirement system.
   (c) This section may not become operative until the board of
supervisors elects, by resolution adopted by a majority vote, to make
this section operative in the county.



31764.6.  (a) Notwithstanding Sections 31481 and 31760, optional
settlement 5 consists of a retired member's right to elect in writing
to have his or her retirement allowance reduced and to designate his
or her spouse who is not otherwise eligible to receive a  survivor
allowance.  The survivor allowance shall be determined on an
actuarial basis by the reduction in the member's allowance and may
not, in the opinion of the board and the actuary, place any
additional financial burden on the retirement system.
   (b) A member who elected to receive an optional settlement under
Section 31762, 31763, or 31764, involving a life contingency of a
beneficiary, may elect optional settlement 5 if the beneficiary
predeceases the member or, if a former spouse was named, in the event
of a dissolution or annulment of the 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.
   (c) A member who married at least 12 months prior to the date this
section becomes operative may file an election with the board of
retirement within 60 days after the operative date.  The election
shall become effective the first day of the month following receipt
of the election by the board.  A member who fails to elect within
that 60-day period shall retain the right to make an election under
this section subject to the waiting period provided in subdivision
(d).
   (d) Except as provided in subdivision (c), the election under this
section shall become effective 12 months after the date it is filed
with the board, provided that neither the member nor  his or her
spouse dies prior to the effective date of the election.
   (e) An election under this section is irrevocable.
   (f) This section may not become operative until the board of
supervisors elects, by resolution adopted by a majority vote, to make
this section operative in the county.



31764.7.  (a) Notwithstanding any other provision of this chapter,
if a retired member elects to have his or her retirement allowance
reduced pursuant to Section  31764.6 and if, thereafter, the member's
spouse predeceases the member, the member's allowance shall be
adjusted to the amount he or she received at retirement, adjusted by
any cost-of-living increases that were or would have been added to
the monthly allowance.  The adjusted allowance shall be effective on
the first day of the month following the month in which notification
of the spouse's or beneficiary's death is received by the board.
   (b) This section may not become operative if, in the opinion of
the retirement board and the actuary, the allowances payable under
this section would place an additional financial burden on the
retirement system.
   (c) This section may not become operative until the board of
supervisors elects, by resolution adopted by a majority vote, to make
this section operative in the county.



31765.  Upon the death of a member who was eligible to retire, in
circumstances in which a death benefit is payable under Article 12,
if the deceased member has designated as beneficiary his spouse who
survives him by not less than 30 days, such surviving spouse may
elect, at any time before acceptance of any benefits from the
retirement system, to receive, in lieu of the death benefit otherwise
payable under Article 12, the same retirement allowance as that to
which such spouse would have been entitled had such member retired on
the day of his death and selected Optional Settlement 3.  Such
surviving spouse may elect in writing, before the first payment of
any allowance is made, to receive in a lump sum payment all or any
part of the member's accumulated additional contributions.  The sum
so paid shall not be included in the calculation of the annuity of
the surviving spouse.
   If, at the death of such spouse, she or he is survived by one or
more unmarried children of such member, under the age of 18, such
retirement allowance shall continue to such child or children,
collectively, until every child dies, marries, or attains age 18.  If
such spouse dies, either before or after the death of such member
without either making such election or receiving any portion of the
death benefit, and no part of the death benefit has been paid to any
person, prior to the payment of any benefits, the legally appointed
guardian of such children shall make the election herein provided for
on behalf of such surviving children as in his judgment may appear
to be in their interest and advantage and the election so made shall
be binding and conclusive upon all parties in interest.
   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to
such children through the age of 21 if such children remain unmarried
and are regularly enrolled as full-time students in an accredited
school as determined by the board.



31765.1.  Upon the death of any member of a retirement system
established in a county subject to the provisions of Section 31676.1
or Section 31695.1, eligible for retirement pursuant to Article 7.5,
8, or 8.7 who leaves a spouse designated as beneficiary, such
surviving spouse may, in lieu of the death benefit provided for in
Article 12, elect to receive a retirement allowance equal to 60
percent of the amount to which the member would have been entitled
had the member retired on the date of his death with a retirement
allowance not modified in accordance with one of the optional
settlements specified in Article 11.  Such surviving spouse may elect
in writing, before the first payment of any allowance is made, to
receive in a lump sum payment all or any part of the member's
accumulated additional contributions.  The sum so paid shall not be
included in the calculations of the annuity of the surviving spouse.

   If, at the death of such spouse, she or he is survived by one or
more unmarried children of such member, under the age of 18, such
retirement allowance shall continue to such child or children,
collectively, until every child dies, marries, or attains age 18.  If
such spouse dies, either before or after the death of such member
without either making such election or receiving any portion of the
death benefit, and no part of the death benefit has been paid to any
person, prior to the payment of any benefits, the legally appointed
guardian of such children shall make the election herein provided for
on behalf of such surviving children as in his judgment may appear
to be in their interest and advantage and the election so made shall
be binding and conclusive upon all parties in interest.
   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to
such children through the age of 21 if such children remain unmarried
and are regularly enrolled as full-time students in an accredited
school as determined by the board.



31765.11.  Notwithstanding Sections 31765 and 31765.1, upon the
death of any member covered under Section 31751 who was either
eligible for retirement or would have been entitled to disability
retirement but died prior to such retirement and who leaves a spouse,
such surviving spouse may, in lieu of the death benefit provided for
in Article 12 (commencing with Section 31780), elect to receive a
retirement allowance equal to 60 percent of the amount to which the
member would have been entitled had the member retired on the date of
death with a retirement allowance not modified in accordance with
one of the optional settlements specified in this article.
   If there is an eligible spouse, in addition to the above, 20
percent of the allowance to which the member would have been entitled
shall be paid to each of the member's children.  The maximum family
benefit under this section shall be 100 percent of the amount to
which the member would have been entitled had the member retired on
the date of death with a retirement allowance not modified in
accordance with one of the optional settlements specified in this
article.
   If there is no spouse eligible for the 60 percent allowance, but
there is at least one eligible child, or if the spouse of the member
dies either before or after the death of such member without either
making such election or receiving any portion of the death benefit,
and no part of the death benefit has been paid to any person, prior
to the payment of any benefits, the legally appointed guardian of
such child or children shall make the election herein provided for on
behalf of such surviving child or children as the guardian's
judgment may appear in their interest and advantage and the election
so made shall be binding and conclusive upon all parties in interest.
  If an election is made to receive the 60 percent allowance, the
child, or children collectively, shall be entitled to 60 percent of
the retirement allowance the member would have received.
   As used in this section, "child" shall be as defined in Section
31760.11.
   The provisions of this section also shall apply to the surviving
spouse and children of any employee who dies as the result of injury
or disease arising out of and in the course of employment prior to
the first day of the calendar month when the employee normally would
become a member.
   The rights and privileges conferred by this section upon the
surviving spouse and children of such deceased member or employee
shall not be dependent upon whether they, or any of them, have been
nominated by the deceased member or employee as the beneficiary of
any benefits payable upon or by reason of death, but they shall be
superior to, and shall supersede, the rights and claims of any other
beneficiary so nominated.



31765.2.  Notwithstanding Section 31765.1, each survivor allowance
paid pursuant to Section 31765.1 on account of a member who dies on
or after the operative date of this section shall be equal to 65
percent of the monthly retirement allowance to which the deceased
member would have been entitled if he or she had retired on the date
of death with a retirement allowance not modified in accordance with
one of the optional settlements specified in this article.
   This section shall only be applicable to Los Angeles County and
shall not become operative until the board of supervisors of that
county elects, by resolution adopted by a majority vote, to make this
section operative in the county.



31765.3.  (a) Notwithstanding Section 31765.1, each survivor
allowance paid on or after the operative date of this section
pursuant to Section 31765.1 on account of a member who dies before
the operative date of this section shall be equal to 65 percent of
the monthly retirement allowance to which the deceased member would
have been entitled if he or she had retired on the date of death with
a retirement allowance not modified in accordance with one of the
optional settlements specified in this article, as adjusted for the
net cost-of-living percentage increase, if any, awarded to that
survivor prior to the operative date of this section.
   (b) This section shall only be applicable to Los Angeles County
and shall not become operative until the board of supervisors of that
county elects, by resolution adopted by a majority vote, to make
this section operative in the county.



31768.  Notwithstanding any other provision of this chapter to the
contrary, the board may, by a resolution adopted, pursuant to both
this section and Section 31792, by a majority vote and with respect
only to persons who first become members on or after the effective
date of the resolution, elect to increase, by 331/3 percent, the
amounts payable pursuant to any one or more of Sections 31760.1,
31760.2, and 31765.1.
   This section shall apply only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.