Preretirement Death Benefits
Cal. GOV § 21540.5
California Statutes
(
a) The special death benefit is also payable if the deceased was a state, school, or local miscellaneous member, a local safety member described in
Section 20423.6, or a state safety member described in
Section 20401.5, if the death of the member was a direct consequence of a violent act perpetrated on his or her person that arose out of and was in the course of his or her official duties and there is a survivor who qualifies under paragraph (2) of subdivision (
a) of
Section 21541. The Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall, in disputed cases determine whether the member’s death was a direct consequence of a violent act perpetrated on his or her person that arose out of and in the course of his or her official duties. (
b) A natural parent of surviving children eligible to receive an allowance payable under this
section is not required to become the guardian of surviving unmarried children under years of age in order to be paid the benefits prescribed for those children. (
c) The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this
section may not be construed to authorize the Workers’ Compensation Appeals Board to award costs against this system pursuant to
Section or or any other provision of the Labor Code. (
d) This
section does not apply to a contracting agency nor its employees unless and until the agency elects to be subject to it by amendment to its contract made in the manner prescribed for approval of contracts, or in the case of a new contract, by express provision of the contract.