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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 11.5§ 31773 Participant Death Retirement Benefits

§ 31773 Participant Death Retirement Benefits

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

§ 31773 Participant Death Retirement Benefits

Key Takeaways

  • •If someone in the program dies during the program period, their retirement benefits are calculated as if they were still working, unless other rules apply.
  • •For certain benefits, the calculation is done as if the person died on the date they chose to start the program, not the actual death date.
  • •The spouse's eligibility for benefits depends on whether they were married and how long they were married as of the actual death date.
  • •Any money left in the person's program account will be given out according to another rule (Section 31776.4).

Example

A person in the program dies in a car crash during the program period.

Their retirement benefits will be calculated as if they were still working, unless other rules apply. If they had chosen to start the program on January 1st but died on March 1st, some benefits will be calculated as if they died on January 1st. Their spouse will get benefits based on whether they were married and how long they were married on March 1st. Any money left in their program account will be given out according to the rules.

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

Official Source
View on CA.gov

§ 31773 Participant Death Retirement Benefits

(a) If a participant dies during the program period, he or she shall be deemed to have died while eligible for retirement and his or her benefits shall be calculated as if in active service, except as provided in subdivisions (b) and (c). (b) Benefits under Article 12 (commencing with Section 31780) or, if applicable, Section 31765, 31765.1, or 31765.11 shall be calculated as if the participant had died on the election date. Notwithstanding the foregoing, eligibility of a spouse for any benefits shall be based on the participant’s marital status and the duration of the marriage as of the actual date of death. (c) The balance in the participant’s program account shall be distributed pursuant to Section 31776.4. (Added by Stats. 2003, Ch. 897, Sec. 1. Effective January 1, 2004.)

Last verified: January 22, 2026

Key Terms

retirementmarriedbenefitsmarriagedeathspouseeligibilitycalculation

Related Statutes

  • § 31778.2 Deferred Retirement Death Benefits
  • § 31591 Retirement Fund Interest Crediting
  • § 31760.5 Retirement Survivor Benefit Election
  • § 31771.2 Retirement Program Election Rules
  • § 31778.3 Beneficiary Designation Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31773.
View Official Source