Procedures Concerning Payment
Cal. EDC § 24600
California Statutes
(
a) A retirement allowance under this part begins to accrue on the effective date of the member’s retirement and ceases on the earlier of the day of the member’s death or the day on which the retirement allowance is terminated for a reason other than the member’s death. (
b) A retirement allowance payable to an option beneficiary under this part begins to accrue on the day following the day of the retired member’s death and ceases on the day of the option beneficiary’s death. (
c) A disability allowance under this part begins to accrue on the effective date of the member’s disability allowance and ceases on the earlier of the day of the member’s death or the day on which the disability allowance is terminated for a reason other than the member’s death. (
d) A family allowance under this part begins to accrue on the day following the day of the member’s death and ceases on the day of the event that terminates eligibility for the allowance. (
e) A survivor benefit allowance payable to a surviving spouse under this part pursuant to
Chapter 23 (commencing with
Section 23850) begins to accrue on the day the member would have attained normal retirement age or on the day following the day of the member’s death, as elected by the surviving spouse, and ceases on the day of the surviving spouse’s death. (f)
(1) Except as provided in paragraph (2), a child’s portion of an allowance under this part begins to accrue on the effective date of that allowance and ceases on the earlier of either the termination of the child’s eligibility or the termination of the allowance.
(2) A child’s portion of a disability retirement allowance under
Chapter 26 (commencing with
Section 24100) ceases on the earlier of either: (
A) The termination date of the child’s eligibility. (
B) The termination of the allowance for reasons other than death. (
g) Supplemental payments issued under this part pursuant to Sections and to retired members, disabled members, and beneficiaries shall begin to accrue pursuant to Sections and and shall cease to accrue as of the termination dates specified in subdivisions (
a) to (f), inclusive, of this section. (
h) Notwithstanding any other provision of this part or other law, distributions payable under the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program shall be made in accordance with
Section 401(a)(9) of the Internal Revenue Code of and related regulations.
(1) In the case of a refund of contributions, as described in
Chapter 18 (commencing with
Section 23100) of this part and distribution of an amount equal to the balance of credits in a member’s Defined Benefit Supplement account, as described in
Chapter 38 (commencing with
Section 25000) of this part, payments shall commence not later than April of the calendar year following the later of (
A) the calendar year in which the member attains the age at which the Internal Revenue Code of requires a distribution of benefits or (
B) the calendar year in which the member terminates employment within the meaning of subdivision (i).
(2) In the case of a retirement allowance, as defined in
Section 22166, payments shall commence not later than April of the calendar year following the later of (
A) the calendar year in which the member attains the age at which the Internal Revenue Code of requires a distribution of benefits or (
B) the calendar year in which the member terminates employment within the meaning of subdivision (i), to continue over the life of the member or the lives of the member and the member’s option beneficiary, or over the life expectancy of the member or the life expectancy of the member and the member’s option beneficiary. (
i) For purposes of subdivision (h), the phrase “terminates employment” means the later of:
(1) The date the member ceases to perform creditable service subject to coverage under this plan.
(2) The date the member ceases employment in a position subject to coverage under another public retirement system in this state if the compensation earnable while a member of the other system may be considered in the determination of final compensation pursuant to
Section or 22134.5.
(3) In the case of a monthly allowance resulting from the death of a member: (
A) If the spouse is the sole beneficiary, payments shall commence not later than December of the later of the calendar year in which the member would have attained the age at which the Internal Revenue Code of requires a distribution of benefits or the calendar year following the calendar year of the member’s death. (
B) If the spouse is not the sole beneficiary, payments shall commence not later than December of the calendar year following the calendar year of the member’s death.
(4) In the case of a distribution of the member’s accumulated retirement contributions resulting from the death of a member or beneficiary or other lump-sum death benefit that represents the member’s entire interest in the plan, including the death payment, payments shall be completed in accordance with