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HomeGovernment CodeDiv. 5Pt. 3Ch. 14Art. 2§ 21548 Surviving Spouse Retirement Benefits

§ 21548 Surviving Spouse Retirement Benefits

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

§ 21548 Surviving Spouse Retirement Benefits

Key Takeaways

  • •If a worker dies after reaching retirement age, their spouse can get money like the worker was already retired.
  • •The spouse can choose to get this money instead of a one-time death payment.
  • •If the worker picked a special person to get their retirement money, the spouse only gets part of it based on what they owned together.
  • •The money keeps coming as long as the spouse is alive. After they die, kids might get it or a lump sum is paid.

Example

A teacher who is 60 years old (retirement age) passes away. They were married and had been working for 30 years.

The teacher's spouse can choose to get monthly payments as if the teacher had retired the day they died. This means the spouse gets money every month instead of a one-time payment. If the teacher had picked someone else to get their retirement money, the spouse would only get part of it based on what they owned together.

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

Official Source
View on CA.gov

§ 21548 Surviving Spouse Retirement Benefits

(a) The surviving spouse of a member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death, and who is eligible to receive an allowance pursuant to Section 21546, shall instead receive an allowance that is equal to the amount that the member would have received if the member had been retired from service on the date of death and had elected the optional settlement in Section 21456 and Section 21459. (b) The surviving spouse of a member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death, and who is eligible to receive a special death benefit in lieu of an allowance under Section 21546, may elect to instead receive an allowance that is equal to the amount that the member would have received if the member had been retired from service on the date of death and had elected the optional settlement in Section 21456 and Section 21459. (c) If the member made a specific beneficiary designation under Section 21490, the allowance under this section shall be based only on that portion of the amount the member would have received described in subdivision (a) or (b) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (d) The allowance provided by this section shall be payable as long as the surviving spouse lives. Upon the death of the surviving spouse, the benefit shall be continued to minor children, as defined in Section 6500 of the Family Code, or a lump sum shall be paid as provided under circumstances specified in Section 21546 or in Sections 21541 and 21543, as the case may be. (e) The allowance provided by this section shall be paid in lieu of the basic death benefit, but the surviving spouse qualifying for the allowance may elect before the first payment on account of it to receive the basic death benefit in lieu of the allowance. (f) This section shall apply with respect to state members whose death occurs on and after July 1, 1976. (g) All references in this code to Section 21546 shall be deemed to include this section in the alternative. (h) This section shall not apply to any contracting agency nor to the employees of any contracting agency unless and until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts, except that an election among the employees is not required, or, in the case of contracts made after January 1, 1985, by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 2016, Ch. 199, Sec. 30. (AB 2404) Effective January 1, 2017.)

Last verified: January 22, 2026

Key Terms

allowanceretirementemploymentpropertybenefitportdeathfine

Related Statutes

  • § 20303 Retirement System Service Exclusion
  • § 31458.3 Ex-Spouse Beneficiary Designation
  • § 21604 State Employee Death Benefits
  • § 21629 Survivor Benefits For Retirees
  • § 31458.4 Ex-Spouse Beneficiary Designation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21548.
View Official Source