Death Benefit

Cal. GOV § 31780.2

California Statutes

(

a) Any benefits accorded to a spouse pursuant to this

article and

Article 11 (commencing with

Section 31760),

Article 15.5 (commencing with

Section 31841),

Article 15.6 (commencing with

Section 31855), and

Article 16 (commencing with

Section 31861), or any of them, may be accorded to a domestic partner, as defined in

Section of the Family Code, who is registered with the Secretary of State pursuant to Division 2.5 (commencing with

Section 297) of the Family Code. The county may also require the member and the member’s domestic partner to have a current Affidavit of Domestic Partnership, in the form adopted by the county board of supervisors, on file with the county for at least one year prior to the member’s retirement or death prior to retirement. (

b) If a member described in subdivision (

a) has a surviving dependent child, the surviving dependent child shall receive the death and survivor’s allowance until years of age or until married, whichever occurs earlier, or until years of age if enrolled as a full-time student in an accredited educational institution.

When the member’s surviving dependent child reaches years of age or is no longer a dependent, whichever occurs earlier, or reaches years of age if enrolled as a full-time student in an accredited educational institution, then the benefits accorded to a spouse, as specified in subdivision (a), may be accorded to a domestic partner pursuant to this section. However, if a surviving dependent child elects to receive a lump-sum payment, the lump-sum payment shall be shared among any surviving dependent children and the domestic partner, pursuant to this section, in a proportional manner. (

c) This

section is not operative unless and until the county board of supervisors, by resolution adopted by a majority vote, makes this

section operative in the county. In a county of the 10th class, as defined in Sections and 28031, the county board of supervisors may implement the benefits described in this

section as determined through the collective bargaining process and based on actuarial cost estimates. (

d) This

section shall not apply to any member whose death occurs on or after January 1, 2009.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 31780.2
Date2009-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV31780.2.20081971

Death Benefit

Cal. GOV § 31780.2

California Statutes

Death Benefit

Cal. GOV § 31780.2

California Statutes

(

a) Any benefits accorded to a spouse pursuant to this

article and

Article 11 (commencing with

Section 31760),

Article 15.5 (commencing with

Section 31841),

Article 15.6 (commencing with

Section 31855), and

Article 16 (commencing with

Section 31861), or any of them, may be accorded to a domestic partner, as defined in

Section of the Family Code, who is registered with the Secretary of State pursuant to Division 2.5 (commencing with

Section 297) of the Family Code. The county may also require the member and the member’s domestic partner to have a current Affidavit of Domestic Partnership, in the form adopted by the county board of supervisors, on file with the county for at least one year prior to the member’s retirement or death prior to retirement. (

b) If a member described in subdivision (

a) has a surviving dependent child, the surviving dependent child shall receive the death and survivor’s allowance until years of age or until married, whichever occurs earlier, or until years of age if enrolled as a full-time student in an accredited educational institution.

When the member’s surviving dependent child reaches years of age or is no longer a dependent, whichever occurs earlier, or reaches years of age if enrolled as a full-time student in an accredited educational institution, then the benefits accorded to a spouse, as specified in subdivision (a), may be accorded to a domestic partner pursuant to this section. However, if a surviving dependent child elects to receive a lump-sum payment, the lump-sum payment shall be shared among any surviving dependent children and the domestic partner, pursuant to this section, in a proportional manner. (

c) This

section is not operative unless and until the county board of supervisors, by resolution adopted by a majority vote, makes this

section operative in the county. In a county of the 10th class, as defined in Sections and 28031, the county board of supervisors may implement the benefits described in this

section as determined through the collective bargaining process and based on actuarial cost estimates. (

d) This

section shall not apply to any member whose death occurs on or after January 1, 2009.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 31780.2
Date2009-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV31780.2.20081971