The special death benefit shall begin to accrue on the day next following the date of the member’s death, and shall be paid in monthly installments to the surviving spouse and children as prescribed in Section 21541. The surviving spouse or the guardian of the minor child or children entitled to the special death benefit may elect, before the first payment, to receive the basic death benefit in lieu of the special death benefit. The election precludes a claim to benefits under Section 4707 of the Labor Code as the special death benefit is deemed payable by this system and is irrevocable.
Cal. Gov. Code § 21542
Preretirement Death Benefits
Known as the Public Employees’ Retirement Law
The act spans §§ 20000–21716 (1,037 sections).
Applied in 1 court decision — leading case 238 Cal. App. 4th 1131 - Department of Corrections & Rehabilition v. Workers' Compensation Appeals Board (2015)
Most recently applied in 238 Cal. App. 4th 1131 - Department of Corrections & Rehabilition v. Workers' Compensation Appeals Board (July 2015)
Added by Stats. 1995, Ch. 379, Sec. 2
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.