GOV §31760.11: Notwithstanding Section 31760.

Notwithstanding Section 31760.1, upon the death after retirement of any member covered under Section 31751, 60 percent of the member’s retirement allowance, if not modified in accordance with one of the optional settlements specified in this article, shall be continued throughout life to the member’s spouse if the spouse is designated as the beneficiary. No allowance, however, shall be paid under this section to a surviving spouse unless she or he was married to the member at least one year prior to the date of the member’s retirement. If there is an eligible spouse, in addition to the above, 20 percent of the member’s unmodified retirement allowance shall be paid to each of the member’s children. The maximum family benefit under this section shall be 100 percent of the member’s retirement allowance. If, on the death after retirement of any member covered under Section 31751, there is no spouse eligible for the 60 percent continuance but there is at least one eligible child, or if there was an eligible spouse and the spouse dies while there is at least one eligible child, the child, or children collectively, shall be entitled to the 60 percent continuance of the member’s unmodified allowance. As used in this section, “child” means a member’s child who is dependent upon such member at the time of his or her retirement and while such child is unmarried and: (a) Under 18 years of age, or (b) Whether under or over 18 years of age, totally disabled and such disability occurred prior to such child attaining the age of 18 years, or (c) Eighteen years of age or over, but has not attained the age of 22 years, and is enrolled as a full-time student in an accredited school, as determined by the board. If, at the death of any retired member, there is no surviving spouse or children eligible for the continuance of the allowance provided in this section, and the total retirement allowance income received by the member during the member’s lifetime did not exceed the member’s accumulated normal contributions and cost-of-living contributions, the member’s designated beneficiary shall be paid an amount equal to the excess of such contributions at retirement date over the total amount of the retirement allowance income received by the member.