(a) An eligible survivor of a state safety member who retired prior to April 1, 1973, and died prior to September 28, 1987, shall receive a monthly survivor’s allowance, derived solely from employer contributions and not from any contributions from the member, equal to 50 percent of the amount of the member’s retirement allowance payable to the member at the time of his or her death. The member’s monthly allowance shall have been based on his or her credited service. An eligible survivor of a state safety member who retired prior to April 1, 1973, and died on or after September 28, 1987, shall receive a monthly survivor’s allowance determined pursuant to Section 21624.
(b) The benefit provided by this section shall not be offset by any entitlement of the survivor under the federal system.
(c) The benefit is payable to the surviving spouse for life.
(d) If there is no surviving spouse of the retired member, or upon the death of a surviving spouse, the benefit authorized by this section shall be paid to an eligible child or to eligible children.
(e) If, at the time of the death of the retired member there is no surviving spouse or eligible child or children, the benefit authorized by this section shall be paid to the parent or parents of the deceased member who were dependent upon the member for support.
(f) If, at the effective date of his or her retirement, the member was unmarried, or if, at the time of his or her death, the member had no eligible child or children, had no dependent parent or parents, and had elected an optional settlement, no survivor’s allowance authorized by this section shall vest in or be paid to any individual.
(g) “Surviving spouse,” for purposes of this section, means a husband or wife who was married to the member for a period of time beginning one year or more prior to his or her retirement and continuing without interruption until the death of the member.
(h) “Eligible child,” for purposes of this section, means an unmarried child of the deceased member who (1) has not attained age 18, or (2) is over age 18 but disabled due to a condition that existed and disabled the child prior to his or her 18th birthday and that has continuously disabled the person after having reached age 18. Eligibility of the child for the benefits of this section shall terminate upon the earlier of the following:
(1) Attainment of age 18, unless the disability exemption applies.
(2) Marriage of the child prior to age 18.
(3) Cessation of a child’s disability.
(4) Death of a child.
(i) The allowance paid pursuant to this section shall be adjusted to reflect a one-half continuance allowance with no offset by reason of participation in the federal system. The adjustment provided by this section shall be applied to any survivor receiving a continuance allowance on September 28, 1987. Nothing in this section was or is intended to, or shall be construed to, impair any vested rights of any eligible survivor of a state safety member who retired prior to April 1, 1973, and who died on or after September 28, 1987.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)