§ 21505 Retirement Death Benefit Eligibility

Government Code·California

AI SummaryVerified

Key Takeaways

•If someone retires because they reached the required retirement age and dies within 30 days of retiring, their death is treated as if they were still working.
•This rule only applies if the retired person did not choose a payment plan that continues to pay a beneficiary after their death.
•If no payments continue after death, the family may get a basic death benefit, or a special death benefit if the situation qualifies.

Example

A firefighter retires at age 55 because that's the mandatory retirement age. He did not pick a payment plan that continues for his spouse after he dies. He passes away 20 days after retiring.

Since he died within 30 days of retiring and did not choose a payment plan for his spouse, his death is treated as if he were still working. His family will get a basic death benefit.

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

Official Source

View on CA.gov

§ 21505 Retirement Death Benefit Eligibility

If a member who has been retired for service because he or she has attained the mandatory age of retirement applicable to members of his or her category dies within 30 days after the date upon which his or her retirement was mandatory, and without having elected the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458, involving payment of an allowance throughout the life of a beneficiary, and if no part of the allowance of the member is automatically continued by this part after his or her death, his or her death shall be considered as that of a member before retirement, and the basic death benefit shall be payable, or, if the circumstances are such that a special death benefit would be payable if the death had occurred prior to retirement, the special death benefit shall be payable. (Amended by Stats. 2016, Ch. 199, Sec. 26. (AB 2404) Effective January 1, 2017.)

Last verified: January 22, 2026

Key Terms

mandatory age of retirement basic death benefit special death benefit optional settlement

References

Official text at leginfo.legislature.ca.gov
California Legislature. Government Code. Section 21505.

§ 21505 Retirement Death Benefit Eligibility

Government Code·California

AI SummaryVerified

§ 21505 Retirement Death Benefit Eligibility

Key Takeaways

•If someone retires because they reached the required retirement age and dies within 30 days of retiring, their death is treated as if they were still working.
•This rule only applies if the retired person did not choose a payment plan that continues to pay a beneficiary after their death.
•If no payments continue after death, the family may get a basic death benefit, or a special death benefit if the situation qualifies.

Example

A firefighter retires at age 55 because that's the mandatory retirement age. He did not pick a payment plan that continues for his spouse after he dies. He passes away 20 days after retiring.

Since he died within 30 days of retiring and did not choose a payment plan for his spouse, his death is treated as if he were still working. His family will get a basic death benefit.

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

Official Source

View on CA.gov

§ 21505 Retirement Death Benefit Eligibility

Last verified: January 22, 2026

Key Terms

mandatory age of retirement basic death benefit special death benefit optional settlement

References

Official text at leginfo.legislature.ca.gov
California Legislature. Government Code. Section 21505.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References