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.
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.
21492. The designation of a beneficiary under optional settlements
2 and 3, or if a benefit involving the life contingency of the
beneficiary is provided under optional settlement 4, 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.
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.
(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.
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.
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.
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.
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.
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.
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.
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 greater of the interest
crediting rate specified in Section 20178 or the net earnings rate
(including capital gains and losses) in effect at the time the
payment is made, for time following the expiration of that time
limitation.
(c) The system shall submit, annually, as part of the report
required by Section 20237, to the Legislature and the Governor a
summary of the experience of the system in making payments pursuant
to subdivision (b).
21500. (a) Whenever a person entitled to payment of a member's
accumulated contributions or any other benefit fails to claim the
payment or cannot be located or a warrant in payment is canceled
pursuant to Section 17070, the amount owed from the retirement fund
shall be administered in accordance with subdivision (c).
(b) Whenever the amount of a benefit payable by this system cannot
be determined because the recipient cannot be identified or
information necessary to determination of the benefit to be paid
cannot be ascertained, the accumulated contributions of the member on
whose account the benefit is payable shall be administered in
accordance with subdivision (c).
(c) Notwithstanding any provision of law to the contrary, the
amounts described in subdivisions (a) and (b) shall be held, or if a
warrant has been drawn the warrant shall be redeposited in the
retirement fund and held for the claimant without further
accumulation of interest, and the redeposit shall not operate to
reinstate the membership of the person with respect to whose
membership the refund or benefit was payable in this system. If the
proceeds are not claimed within four years after the date of
redeposit, they shall revert to and become a part of the reserve
established pursuant to Section 20174. Transfer to this reserve shall
be made as of the June 30th next following the expiration of the
four-year period.
The board may at any time after transfer of proceeds to the
described reserve upon receipt of proper information satisfactory to
it, return the proceeds so held in reserve to the credit of the
claimant, to be administered in the manner provided under this
system.
(d) For lump-sum death benefits administered in accordance with
subdivision (c), where this system has made a diligent effort to
identify or locate the person entitled to payment and that person
cannot be found, payment may be made to the next entitled beneficiary
or beneficiaries, upon receipt of valid claims, if two years have
passed since the date of death. Payment made by this system in good
faith and in reliance on those claims, notwithstanding that it may
fail to discover a person otherwise entitled to share in the
benefits, shall constitute a complete discharge and release of this
system for further liability for the benefits.
21501. Notwithstanding any other provision of law, a parent having
custody of surviving children eligible to receive an allowance or a
lump-sum payment payable under this part shall not be required to
become the guardian of those children in order to be paid, on behalf
of their children, the benefits prescribed for those children.
21502. If any person entitled to a benefit from this system is a
minor who has no guardian of the estate, the board, if within the
limits as to amount of payment and value of the minor's estate
specified as of the time of payment under the provisions of the
Probate Code authorizing payment to a parent of a minor entitled to
the minor's custody, may pay it to the person entitled to custody of
the minor to hold for the minor, if the person files with the board a
verified statement that the total estate of the minor does not
exceed the value so specified or, if in excess of those limits, may
pay it to the probate court, and the court may order that the money
be deposited in a bank or banks, or a trust company or companies, or
invested in an account or accounts in an insured savings and loan
association or associations, subject to withdrawal only on order of
the probate court, or it may require a guardian of the estate to be
appointed and the money paid to the guardian, or prescribe other
conditions as the court in its discretion deems to be in the best
interest of the minor. Payment so made is a full discharge of the
board and this system. The person shall account to the minor for the
money when the minor reaches the age of majority.
The term "account in an insured savings and loan association" used
in this section has the same meaning as in Section 23 of the Probate
Code.
21503. The board may select an optional settlement under Article 6
(commencing with Section 21450) of Chapter 13 on behalf of the
surviving spouse of a member who applied for retirement but who died
prior to the mailing of a retirement allowance warrant and prior to
an election in accordance with that article if all of the following
conditions are met:
(a) The application for retirement was received by this system,
prior to the date of death.
(b) The document containing the application for retirement
received by this system did not provide for a temporary election of
the optional settlement 2.
(c) The deceased member had separated from state service at least
one day prior to the effective date of retirement.
(d) The deceased member was alive on the effective date of
retirement.
(e) The beneficiary designated on the application for retirement
is the surviving spouse who requests in writing that the board make
the selection. Upon formal action by the board approving the request,
the request shall become irrevocable.
A retirement allowance provided in accordance with this section
shall be calculated as if the member had elected Section 21459.
21504. If a member dies on or after the effective date of
retirement and prior to the mailing of a retirement allowance warrant
and if the member has elected an optional settlement 2 or 3 or an
optional settlement 4 involving payment of an allowance throughout
the life of the beneficiary, or the member elected the unmodified
allowance or optional settlement 1 and if a partially continued
retirement allowance under Sections 21624 through 21631, is payable,
the death shall be considered to be death after retirement and the
applicable benefits shall be payable.
However, if the beneficiary designated on the election for
retirement is either (1) the surviving unmarried minor child or
children of the member and there is no surviving spouse eligible for
a partially continued retirement allowance under Sections 21624
through 21631, or (2) the surviving spouse of the member, the
surviving spouse so named or the legal representative of the minor
child or children so named may elect to receive benefits that would
have been payable had the death occurred under the conditions of
Section 21530. Except as provided in Section 21503, nothing in this
part permits a surviving spouse, surviving children, or any person
other than a member to elect an optional settlement.
21505. If a member who has been retired for service because he or
she has attained the mandatory age of retirement applicable to
members of his or her category dies within 30 days after the date
upon which his or her retirement was mandatory, and without having
elected an optional settlement 2 or 3 or an optional settlement if
involving payment of an allowance throughout the life of a
beneficiary under Article 6 (commencing with Section 21450) of
Chapter 13, and if no part of the allowance of the member is
automatically continued by this part after his or her death, his or
her death shall be considered as that of a member before retirement,
and the basic death benefit shall be payable, or, if the
circumstances are such that a special death benefit would be payable
if the death had occurred prior to retirement, the special death
benefit shall be payable.
21506. Any monthly allowance payable to a person, that had accrued
and remained unpaid at the time of his or her death, or any uncashed
warrant issued prior to the date of death of the person that has been
returned to this system, or any balance of prepaid complementary
health premiums received pursuant to Section 21691 or prepaid
complementary annuitant health plan premiums received pursuant to
Section 22802, shall be paid in the following order:
(a) In the event of the death of a retired person, to one of the
following:
(1) The beneficiary entitled to payment in accordance with an
optional settlement chosen by the member.
(2) The survivor entitled to payment of the survivor continuance
benefit provided under Section 21624.
(3) The beneficiary entitled to receive the lump-sum death benefit
provided upon death of a retired person if the person had not chosen
an optional settlement and there was no survivor who was entitled to
receive the survivor continuance benefit.
(b) In the event of the death of a person receiving a survivor
benefit, that benefit shall be paid to the beneficiary designated by
the survivor of a member under Section 21491.
(c) If there is no beneficiary entitled to receive payment under
either subdivision (a) or (b), the benefit shall be paid to either
the estate of the deceased person or 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. If the estate does not require probate and
the deceased person had a trust, benefits may, in the judgment of the
board, be paid to the successor trustee as named in the trust.
(d) If there is no beneficiary entitled to receive payment of
benefits under subdivision (a), (b), or (c), the benefits shall be
paid to the surviving next of kin of the person pursuant to the order
of distribution specified in Section 21493.
21507. Any lump-sum benefit, or any uncashed lump-sum death benefit
warrant, payable by this system to a beneficiary shall be paid to
the estate of the beneficiary if he or she dies prior to payment of
the benefit. The benefit may be paid to a representative of the
deceased beneficiary's estate, upon demonstration by court documents
that the person is authorized to act in that capacity. If the estate
does not require probate, and the deceased person was the trustor of
a trust, benefits may, in the judgment of the board, be paid to the
trustee as named in the trust. If the estate is not probated, and the
beneficiary was not the trustor of a trust, benefits shall be paid
to the beneficiary's surviving next of kin, in the order specified in
Section 21493.
21508. If any benefit is payable by this system to the estate of a
deceased person, and the estate would not be probated if no amount
were due from this system, but there is no surviving person in any of
the groups specified in Section 21493 or 21494, or if no beneficiary
can be found by the board, the board may in its discretion pay
expenses of the disposition of the body as evidenced by itemized
statements or documents the board may require. Payment may not exceed
the amount payable under this system to the estate or beneficiary.
Payment so made is a full discharge of the board and system for the
amount so paid.
21509. The provisions of Part 5 (commencing with Section 220) of
Division 2 of the Probate Code, when applicable, govern the
distribution of money payable under this system, including but not
limited to retirement allowance accrued but not received prior to
death and refund of member contributions. In applying Part 5
(commencing with Section 220) of Division 2 of the Probate Code with
respect to benefits payable to a beneficiary, membership in this
system shall be considered as having the same status as an insurance
policy issued after December 31, 1984.
21510. Any payment of benefits by warrant issued after the date of
death of the benefit recipient shall be refunded to the retirement
system.
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.
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.
21492. The designation of a beneficiary under optional settlements
2 and 3, or if a benefit involving the life contingency of the
beneficiary is provided under optional settlement 4, 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.
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.
(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.
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.
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.
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.
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.
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.
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.
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 greater of the interest
crediting rate specified in Section 20178 or the net earnings rate
(including capital gains and losses) in effect at the time the
payment is made, for time following the expiration of that time
limitation.
(c) The system shall submit, annually, as part of the report
required by Section 20237, to the Legislature and the Governor a
summary of the experience of the system in making payments pursuant
to subdivision (b).
21500. (a) Whenever a person entitled to payment of a member's
accumulated contributions or any other benefit fails to claim the
payment or cannot be located or a warrant in payment is canceled
pursuant to Section 17070, the amount owed from the retirement fund
shall be administered in accordance with subdivision (c).
(b) Whenever the amount of a benefit payable by this system cannot
be determined because the recipient cannot be identified or
information necessary to determination of the benefit to be paid
cannot be ascertained, the accumulated contributions of the member on
whose account the benefit is payable shall be administered in
accordance with subdivision (c).
(c) Notwithstanding any provision of law to the contrary, the
amounts described in subdivisions (a) and (b) shall be held, or if a
warrant has been drawn the warrant shall be redeposited in the
retirement fund and held for the claimant without further
accumulation of interest, and the redeposit shall not operate to
reinstate the membership of the person with respect to whose
membership the refund or benefit was payable in this system. If the
proceeds are not claimed within four years after the date of
redeposit, they shall revert to and become a part of the reserve
established pursuant to Section 20174. Transfer to this reserve shall
be made as of the June 30th next following the expiration of the
four-year period.
The board may at any time after transfer of proceeds to the
described reserve upon receipt of proper information satisfactory to
it, return the proceeds so held in reserve to the credit of the
claimant, to be administered in the manner provided under this
system.
(d) For lump-sum death benefits administered in accordance with
subdivision (c), where this system has made a diligent effort to
identify or locate the person entitled to payment and that person
cannot be found, payment may be made to the next entitled beneficiary
or beneficiaries, upon receipt of valid claims, if two years have
passed since the date of death. Payment made by this system in good
faith and in reliance on those claims, notwithstanding that it may
fail to discover a person otherwise entitled to share in the
benefits, shall constitute a complete discharge and release of this
system for further liability for the benefits.
21501. Notwithstanding any other provision of law, a parent having
custody of surviving children eligible to receive an allowance or a
lump-sum payment payable under this part shall not be required to
become the guardian of those children in order to be paid, on behalf
of their children, the benefits prescribed for those children.
21502. If any person entitled to a benefit from this system is a
minor who has no guardian of the estate, the board, if within the
limits as to amount of payment and value of the minor's estate
specified as of the time of payment under the provisions of the
Probate Code authorizing payment to a parent of a minor entitled to
the minor's custody, may pay it to the person entitled to custody of
the minor to hold for the minor, if the person files with the board a
verified statement that the total estate of the minor does not
exceed the value so specified or, if in excess of those limits, may
pay it to the probate court, and the court may order that the money
be deposited in a bank or banks, or a trust company or companies, or
invested in an account or accounts in an insured savings and loan
association or associations, subject to withdrawal only on order of
the probate court, or it may require a guardian of the estate to be
appointed and the money paid to the guardian, or prescribe other
conditions as the court in its discretion deems to be in the best
interest of the minor. Payment so made is a full discharge of the
board and this system. The person shall account to the minor for the
money when the minor reaches the age of majority.
The term "account in an insured savings and loan association" used
in this section has the same meaning as in Section 23 of the Probate
Code.
21503. The board may select an optional settlement under Article 6
(commencing with Section 21450) of Chapter 13 on behalf of the
surviving spouse of a member who applied for retirement but who died
prior to the mailing of a retirement allowance warrant and prior to
an election in accordance with that article if all of the following
conditions are met:
(a) The application for retirement was received by this system,
prior to the date of death.
(b) The document containing the application for retirement
received by this system did not provide for a temporary election of
the optional settlement 2.
(c) The deceased member had separated from state service at least
one day prior to the effective date of retirement.
(d) The deceased member was alive on the effective date of
retirement.
(e) The beneficiary designated on the application for retirement
is the surviving spouse who requests in writing that the board make
the selection. Upon formal action by the board approving the request,
the request shall become irrevocable.
A retirement allowance provided in accordance with this section
shall be calculated as if the member had elected Section 21459.
21504. If a member dies on or after the effective date of
retirement and prior to the mailing of a retirement allowance warrant
and if the member has elected an optional settlement 2 or 3 or an
optional settlement 4 involving payment of an allowance throughout
the life of the beneficiary, or the member elected the unmodified
allowance or optional settlement 1 and if a partially continued
retirement allowance under Sections 21624 through 21631, is payable,
the death shall be considered to be death after retirement and the
applicable benefits shall be payable.
However, if the beneficiary designated on the election for
retirement is either (1) the surviving unmarried minor child or
children of the member and there is no surviving spouse eligible for
a partially continued retirement allowance under Sections 21624
through 21631, or (2) the surviving spouse of the member, the
surviving spouse so named or the legal representative of the minor
child or children so named may elect to receive benefits that would
have been payable had the death occurred under the conditions of
Section 21530. Except as provided in Section 21503, nothing in this
part permits a surviving spouse, surviving children, or any person
other than a member to elect an optional settlement.
21505. If a member who has been retired for service because he or
she has attained the mandatory age of retirement applicable to
members of his or her category dies within 30 days after the date
upon which his or her retirement was mandatory, and without having
elected an optional settlement 2 or 3 or an optional settlement if
involving payment of an allowance throughout the life of a
beneficiary under Article 6 (commencing with Section 21450) of
Chapter 13, and if no part of the allowance of the member is
automatically continued by this part after his or her death, his or
her death shall be considered as that of a member before retirement,
and the basic death benefit shall be payable, or, if the
circumstances are such that a special death benefit would be payable
if the death had occurred prior to retirement, the special death
benefit shall be payable.
21506. Any monthly allowance payable to a person, that had accrued
and remained unpaid at the time of his or her death, or any uncashed
warrant issued prior to the date of death of the person that has been
returned to this system, or any balance of prepaid complementary
health premiums received pursuant to Section 21691 or prepaid
complementary annuitant health plan premiums received pursuant to
Section 22802, shall be paid in the following order:
(a) In the event of the death of a retired person, to one of the
following:
(1) The beneficiary entitled to payment in accordance with an
optional settlement chosen by the member.
(2) The survivor entitled to payment of the survivor continuance
benefit provided under Section 21624.
(3) The beneficiary entitled to receive the lump-sum death benefit
provided upon death of a retired person if the person had not chosen
an optional settlement and there was no survivor who was entitled to
receive the survivor continuance benefit.
(b) In the event of the death of a person receiving a survivor
benefit, that benefit shall be paid to the beneficiary designated by
the survivor of a member under Section 21491.
(c) If there is no beneficiary entitled to receive payment under
either subdivision (a) or (b), the benefit shall be paid to either
the estate of the deceased person or 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. If the estate does not require probate and
the deceased person had a trust, benefits may, in the judgment of the
board, be paid to the successor trustee as named in the trust.
(d) If there is no beneficiary entitled to receive payment of
benefits under subdivision (a), (b), or (c), the benefits shall be
paid to the surviving next of kin of the person pursuant to the order
of distribution specified in Section 21493.
21507. Any lump-sum benefit, or any uncashed lump-sum death benefit
warrant, payable by this system to a beneficiary shall be paid to
the estate of the beneficiary if he or she dies prior to payment of
the benefit. The benefit may be paid to a representative of the
deceased beneficiary's estate, upon demonstration by court documents
that the person is authorized to act in that capacity. If the estate
does not require probate, and the deceased person was the trustor of
a trust, benefits may, in the judgment of the board, be paid to the
trustee as named in the trust. If the estate is not probated, and the
beneficiary was not the trustor of a trust, benefits shall be paid
to the beneficiary's surviving next of kin, in the order specified in
Section 21493.
21508. If any benefit is payable by this system to the estate of a
deceased person, and the estate would not be probated if no amount
were due from this system, but there is no surviving person in any of
the groups specified in Section 21493 or 21494, or if no beneficiary
can be found by the board, the board may in its discretion pay
expenses of the disposition of the body as evidenced by itemized
statements or documents the board may require. Payment may not exceed
the amount payable under this system to the estate or beneficiary.
Payment so made is a full discharge of the board and system for the
amount so paid.
21509. The provisions of Part 5 (commencing with Section 220) of
Division 2 of the Probate Code, when applicable, govern the
distribution of money payable under this system, including but not
limited to retirement allowance accrued but not received prior to
death and refund of member contributions. In applying Part 5
(commencing with Section 220) of Division 2 of the Probate Code with
respect to benefits payable to a beneficiary, membership in this
system shall be considered as having the same status as an insurance
policy issued after December 31, 1984.
21510. Any payment of benefits by warrant issued after the date of
death of the benefit recipient shall be refunded to the retirement
system.
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.
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.
21492. The designation of a beneficiary under optional settlements
2 and 3, or if a benefit involving the life contingency of the
beneficiary is provided under optional settlement 4, 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.
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.
(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.
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.
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.
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.
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.
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.
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.
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 greater of the interest
crediting rate specified in Section 20178 or the net earnings rate
(including capital gains and losses) in effect at the time the
payment is made, for time following the expiration of that time
limitation.
(c) The system shall submit, annually, as part of the report
required by Section 20237, to the Legislature and the Governor a
summary of the experience of the system in making payments pursuant
to subdivision (b).
21500. (a) Whenever a person entitled to payment of a member's
accumulated contributions or any other benefit fails to claim the
payment or cannot be located or a warrant in payment is canceled
pursuant to Section 17070, the amount owed from the retirement fund
shall be administered in accordance with subdivision (c).
(b) Whenever the amount of a benefit payable by this system cannot
be determined because the recipient cannot be identified or
information necessary to determination of the benefit to be paid
cannot be ascertained, the accumulated contributions of the member on
whose account the benefit is payable shall be administered in
accordance with subdivision (c).
(c) Notwithstanding any provision of law to the contrary, the
amounts described in subdivisions (a) and (b) shall be held, or if a
warrant has been drawn the warrant shall be redeposited in the
retirement fund and held for the claimant without further
accumulation of interest, and the redeposit shall not operate to
reinstate the membership of the person with respect to whose
membership the refund or benefit was payable in this system. If the
proceeds are not claimed within four years after the date of
redeposit, they shall revert to and become a part of the reserve
established pursuant to Section 20174. Transfer to this reserve shall
be made as of the June 30th next following the expiration of the
four-year period.
The board may at any time after transfer of proceeds to the
described reserve upon receipt of proper information satisfactory to
it, return the proceeds so held in reserve to the credit of the
claimant, to be administered in the manner provided under this
system.
(d) For lump-sum death benefits administered in accordance with
subdivision (c), where this system has made a diligent effort to
identify or locate the person entitled to payment and that person
cannot be found, payment may be made to the next entitled beneficiary
or beneficiaries, upon receipt of valid claims, if two years have
passed since the date of death. Payment made by this system in good
faith and in reliance on those claims, notwithstanding that it may
fail to discover a person otherwise entitled to share in the
benefits, shall constitute a complete discharge and release of this
system for further liability for the benefits.
21501. Notwithstanding any other provision of law, a parent having
custody of surviving children eligible to receive an allowance or a
lump-sum payment payable under this part shall not be required to
become the guardian of those children in order to be paid, on behalf
of their children, the benefits prescribed for those children.
21502. If any person entitled to a benefit from this system is a
minor who has no guardian of the estate, the board, if within the
limits as to amount of payment and value of the minor's estate
specified as of the time of payment under the provisions of the
Probate Code authorizing payment to a parent of a minor entitled to
the minor's custody, may pay it to the person entitled to custody of
the minor to hold for the minor, if the person files with the board a
verified statement that the total estate of the minor does not
exceed the value so specified or, if in excess of those limits, may
pay it to the probate court, and the court may order that the money
be deposited in a bank or banks, or a trust company or companies, or
invested in an account or accounts in an insured savings and loan
association or associations, subject to withdrawal only on order of
the probate court, or it may require a guardian of the estate to be
appointed and the money paid to the guardian, or prescribe other
conditions as the court in its discretion deems to be in the best
interest of the minor. Payment so made is a full discharge of the
board and this system. The person shall account to the minor for the
money when the minor reaches the age of majority.
The term "account in an insured savings and loan association" used
in this section has the same meaning as in Section 23 of the Probate
Code.
21503. The board may select an optional settlement under Article 6
(commencing with Section 21450) of Chapter 13 on behalf of the
surviving spouse of a member who applied for retirement but who died
prior to the mailing of a retirement allowance warrant and prior to
an election in accordance with that article if all of the following
conditions are met:
(a) The application for retirement was received by this system,
prior to the date of death.
(b) The document containing the application for retirement
received by this system did not provide for a temporary election of
the optional settlement 2.
(c) The deceased member had separated from state service at least
one day prior to the effective date of retirement.
(d) The deceased member was alive on the effective date of
retirement.
(e) The beneficiary designated on the application for retirement
is the surviving spouse who requests in writing that the board make
the selection. Upon formal action by the board approving the request,
the request shall become irrevocable.
A retirement allowance provided in accordance with this section
shall be calculated as if the member had elected Section 21459.
21504. If a member dies on or after the effective date of
retirement and prior to the mailing of a retirement allowance warrant
and if the member has elected an optional settlement 2 or 3 or an
optional settlement 4 involving payment of an allowance throughout
the life of the beneficiary, or the member elected the unmodified
allowance or optional settlement 1 and if a partially continued
retirement allowance under Sections 21624 through 21631, is payable,
the death shall be considered to be death after retirement and the
applicable benefits shall be payable.
However, if the beneficiary designated on the election for
retirement is either (1) the surviving unmarried minor child or
children of the member and there is no surviving spouse eligible for
a partially continued retirement allowance under Sections 21624
through 21631, or (2) the surviving spouse of the member, the
surviving spouse so named or the legal representative of the minor
child or children so named may elect to receive benefits that would
have been payable had the death occurred under the conditions of
Section 21530. Except as provided in Section 21503, nothing in this
part permits a surviving spouse, surviving children, or any person
other than a member to elect an optional settlement.
21505. If a member who has been retired for service because he or
she has attained the mandatory age of retirement applicable to
members of his or her category dies within 30 days after the date
upon which his or her retirement was mandatory, and without having
elected an optional settlement 2 or 3 or an optional settlement if
involving payment of an allowance throughout the life of a
beneficiary under Article 6 (commencing with Section 21450) of
Chapter 13, and if no part of the allowance of the member is
automatically continued by this part after his or her death, his or
her death shall be considered as that of a member before retirement,
and the basic death benefit shall be payable, or, if the
circumstances are such that a special death benefit would be payable
if the death had occurred prior to retirement, the special death
benefit shall be payable.
21506. Any monthly allowance payable to a person, that had accrued
and remained unpaid at the time of his or her death, or any uncashed
warrant issued prior to the date of death of the person that has been
returned to this system, or any balance of prepaid complementary
health premiums received pursuant to Section 21691 or prepaid
complementary annuitant health plan premiums received pursuant to
Section 22802, shall be paid in the following order:
(a) In the event of the death of a retired person, to one of the
following:
(1) The beneficiary entitled to payment in accordance with an
optional settlement chosen by the member.
(2) The survivor entitled to payment of the survivor continuance
benefit provided under Section 21624.
(3) The beneficiary entitled to receive the lump-sum death benefit
provided upon death of a retired person if the person had not chosen
an optional settlement and there was no survivor who was entitled to
receive the survivor continuance benefit.
(b) In the event of the death of a person receiving a survivor
benefit, that benefit shall be paid to the beneficiary designated by
the survivor of a member under Section 21491.
(c) If there is no beneficiary entitled to receive payment under
either subdivision (a) or (b), the benefit shall be paid to either
the estate of the deceased person or 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. If the estate does not require probate and
the deceased person had a trust, benefits may, in the judgment of the
board, be paid to the successor trustee as named in the trust.
(d) If there is no beneficiary entitled to receive payment of
benefits under subdivision (a), (b), or (c), the benefits shall be
paid to the surviving next of kin of the person pursuant to the order
of distribution specified in Section 21493.
21507. Any lump-sum benefit, or any uncashed lump-sum death benefit
warrant, payable by this system to a beneficiary shall be paid to
the estate of the beneficiary if he or she dies prior to payment of
the benefit. The benefit may be paid to a representative of the
deceased beneficiary's estate, upon demonstration by court documents
that the person is authorized to act in that capacity. If the estate
does not require probate, and the deceased person was the trustor of
a trust, benefits may, in the judgment of the board, be paid to the
trustee as named in the trust. If the estate is not probated, and the
beneficiary was not the trustor of a trust, benefits shall be paid
to the beneficiary's surviving next of kin, in the order specified in
Section 21493.
21508. If any benefit is payable by this system to the estate of a
deceased person, and the estate would not be probated if no amount
were due from this system, but there is no surviving person in any of
the groups specified in Section 21493 or 21494, or if no beneficiary
can be found by the board, the board may in its discretion pay
expenses of the disposition of the body as evidenced by itemized
statements or documents the board may require. Payment may not exceed
the amount payable under this system to the estate or beneficiary.
Payment so made is a full discharge of the board and system for the
amount so paid.
21509. The provisions of Part 5 (commencing with Section 220) of
Division 2 of the Probate Code, when applicable, govern the
distribution of money payable under this system, including but not
limited to retirement allowance accrued but not received prior to
death and refund of member contributions. In applying Part 5
(commencing with Section 220) of Division 2 of the Probate Code with
respect to benefits payable to a beneficiary, membership in this
system shall be considered as having the same status as an insurance
policy issued after December 31, 1984.
21510. Any payment of benefits by warrant issued after the date of
death of the benefit recipient shall be refunded to the retirement
system.
