Section 22171 Of Chapter 2. Definitions From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 2.
22171
. (a) "Spouse" means a person who was continuously married to
the member for the period beginning at least 12 months prior to the
death of the member, unless a child is born to the member and his or
her spouse within the 12-month period or unless the spouse is
carrying the member's unborn child.
(b) "Spouse" also means a person who was married to the member for
less than 12 months, if the member's death was either accidental, or
due to an illness, and the marriage took place prior to the
occurrence of the injury or diagnosis of the illness that resulted in
death.
(1) A member's death is defined as accidental only if he or she
received bodily injuries through violent, external, or accidental
means and died as a direct result of the bodily injuries and
independent of all other causes.
(2) This subdivision does not apply if, at the time of the
marriage, the member could not have reasonably been expected to live
for 12 months.
(c) Except as excluded by Sections 22661 and 23812, a person who
is the registered domestic partner of a member, as established
pursuant to Section 297 or 299.2 of the Family Code, shall be treated
in the same manner as a spouse.