(a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child which has accrued and remained unpaid at the time of the judge’s or the surviving spouse’s or surviving child’s death, or any unclaimed warrant issued prior to the date of death and returned to the system, shall be paid pursuant to the following order:
(1) The survivor entitled to an allowance payable by this system.
(2) The beneficiary designated by the surviving spouse, eligible surviving child, or retired judge if there is no eligible survivor.
(3) The estate of the deceased, if there is no one entitled to payment under paragraph (1) or (2). The payment to the estate shall be paid to either the estate of the deceased or the duly authorized representative or representatives of the estate when this system receives a court order appointing an executor, administrator, or personal representative.
(4) If the estate does not require probate and the deceased has a trust, the payment may, in the judgment of the board, be paid to the successor trustee named in the trust.
(5) If the estate does not require probate and the deceased does not have a trust, the payment may, in the judgment of the board, be paid to the beneficiary or beneficiaries of the deceased named in a valid will.
(b) If there is no qualifying beneficiary pursuant to paragraphs (1) to (5), inclusive, of subdivision (a), the payment shall be paid to the surviving next of kin of the deceased pursuant to the order of distribution specified in Section 21493.
(Amended by Stats. 2009, Ch. 130, Sec. 35. (AB 966) Effective January 1, 2010.)