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HomeGovernment CodeDiv. 5Pt. 3Ch. 13Art. 7§ 21482 Post-Retirement Spousal Benefit Election

§ 21482 Post-Retirement Spousal Benefit Election

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

§ 21482 Post-Retirement Spousal Benefit Election

Key Takeaways

  • •If you're retired and get married, you can change your pension plan to include your new spouse as a beneficiary.
  • •You have 12 months after getting married to make this change, and once you do, you can't undo it.
  • •If you miss the 12-month deadline, you can still make the change, but it will take 12 months to start after you apply.
  • •This rule applies to people who retired on or after January 1, 2018.

Example

John retired in 2020 and chose to receive his full pension for his lifetime. He gets married in 2023.

John can choose to reduce his monthly pension so that his new spouse gets money after he dies. He has 12 months after his wedding to make this choice. If he waits longer, the change will take 12 months to start after he applies.

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

Official Source
View on CA.gov

§ 21482 Post-Retirement Spousal Benefit Election

(a) Notwithstanding any provision of this part, a retired member who chose no optional settlement or the optional settlement in Section 21474 at retirement and who marries after retirement may elect to have the actuarial equivalent, as of the date of the election, of the allowance payable for the remainder of the member’s lifetime applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name the member’s spouse as beneficiary. (b) The election provided by this section is irrevocable and shall be made within 12 months following a member’s marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section. (c) A member who married prior to or after January 1, 1988, who fails to elect within 12 months, shall retain the right to make an election under this section. However, the election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election. (d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board. (e) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2019, Ch. 330, Sec. 16. (SB 782) Effective January 1, 2020.)

Last verified: January 22, 2026

Key Terms

electionsettlementallowanceretirementmarriedmarriagespousedesignation

Related Statutes

  • § 21456 Survivor Benefit Adjustment Rules
  • § 9361.1 Retirement Benefit Election Changes
  • § 31486.6 Retired Member Survivor Benefits
  • § 31497.7 Retired Member Survivor Benefits
  • § 31499.15 Retired Member Survivor Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21482.
View Official Source