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HomeEducation CodeDiv. 1Pt. 13Ch. 22§ 23802 Death Benefit Payment Rules

§ 23802 Death Benefit Payment Rules

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23802 Death Benefit Payment Rules

Key Takeaways

  • •If a member dies and has no retirement plan set up, their saved retirement money goes to their beneficiary.
  • •The beneficiary gets two things: the member's saved retirement contributions and any extra annuity deposits.
  • •The money includes interest earned up to the payment date.
  • •The beneficiary can choose to give up this money by filling out a special form.

Example

A person who has been saving for retirement dies suddenly. They did not set up a retirement plan and have no family to receive a family allowance.

All the money they saved for retirement, plus any extra deposits and interest, will be given to the person they chose as their beneficiary. If the beneficiary doesn't want the money, they can fill out a form to give it up.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23802 Death Benefit Payment Rules

(a) Upon receipt of proof of death of a member who has no preretirement option in effect, and who either does not meet the eligibility requirements set forth in Section 23804, or meets the eligibility requirements set forth in Section 23804 but has no eligible survivors for a family allowance as specified in Section 23805 or 23806, there shall be paid to the beneficiary both of the following: (1) The accumulated retirement contributions after July 1, 1935. (2) The accumulated annuity deposit contributions. (b) Accumulated contributions include credited interest through the date of payment. (c) A beneficiary may waive the right to the lump-sum payment pursuant to this section in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 12. (SB 1165) Effective January 1, 2019.)

Last verified: January 23, 2026

Key Terms

accumulated retirement contributionsaccumulated annuity deposit contributionslump-sum paymentwaiver

Related Statutes

  • § 23804 Family Allowance Eligibility Rules
  • § 23801 Member Death Benefit Payment
  • § 23811 Retirement Contribution Beneficiary Payment
  • § 22661 Nonmember Spouse Retirement Refunds
  • § 23100 Employee Retirement Contribution Payout

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23802.
View Official Source