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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 15.5§ 31845 Survivor Allowance For Spouse

§ 31845 Survivor Allowance For Spouse

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

§ 31845 Survivor Allowance For Spouse

Key Takeaways

  • •If a worker dies before retiring and was part of the system for at least 18 months straight, their spouse can get monthly money if they give up any one-time death payment.
  • •The monthly money depends on the worker’s pay at death and how many kids the spouse is taking care of.
  • •The spouse won’t get the full amount if they’re already getting other money from the system (like other benefits).

Example

A firefighter dies in a car crash after working for 20 years. His wife is left with two kids.

The wife can choose to skip the one-time death payment and instead get monthly money based on her husband’s last paycheck and the two kids she’s raising. But if she’s already getting some money from the system (like a smaller benefit), that amount will be taken out of the monthly payment.

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

Official Source
View on CA.gov

§ 31845 Survivor Allowance For Spouse

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to his death, survived by an eligible spouse, if such eligible spouse waives the amount, if any, payable as a death benefit pursuant to Section 31781, such eligible spouse shall be paid a monthly survivor’s allowance equal to the sum, based upon the member’s compensation at the time of his death and the number of children for which such eligible spouse is caring, specified in Section 31849 minus the amount to which such eligible spouse is entitled pursuant to Section 31765, 31765.1, 31781.1, 31781.2, or 31787. (Added by Stats. 1961, Ch. 1591.)

Last verified: January 22, 2026

Key Terms

retirementallowancespousesurvivorbenefitssalarydeathemployee

Related Statutes

  • § 31846 Child Survivor Benefits Eligibility
  • § 31848 Parent Survivor Benefits
  • § 31850 Survivor Death Benefit Payment
  • § 31681.51 Retirement Allowance Increases
  • § 31681.52 Retirement Allowance Cost-Of-Living Adjustments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31845.
View Official Source