Chapter 21.5. Election Of Disability And Death Benefit Coverage of California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 21.5.

(a) New survivor benefit and disability retirement programs that are provided under the Defined Benefit Program pursuant to Chapter 23 (commencing with Section 23850) and Chapter 26 (commencing with Section 24100), are effective as of October 16, 1992. All members of the Defined Benefit Program with an effective date of membership in the program on or after October 16, 1992, shall be covered by these survivor benefit and disability retirement programs under this part.
  (b) The purpose of this chapter is to set forth the criteria for granting certain members of the Defined Benefit Program, as defined in Section 23702, the opportunity to elect to either retain coverage under the current family allowance and disability allowance programs pursuant to Chapter 22 (commencing with Section 23800), and Chapter 25 (commencing with Section 24001) or to be covered under the survivor benefit and disability retirement programs.

(a) The election of disability and death benefit programs shall be made during the 180-day period commencing on October 16, 1992, and ending on April 13, 1993. All elections made during this period shall be effective as of October 16, 1992.
  (b) If a member has made an election and subsequently becomes disabled or dies, the benefits shall be paid under the elected program provisions as though the election had been executed on October 16, 1992.

(a) All members in the Defined Benefit Program on October 15, 1992, who are not receiving a disability allowance or a retirement allowance with an effective date prior to October 16, 1992, shall be eligible to make an irrevocable election, pursuant to this chapter, to retain coverage under either the disability allowance and family allowance programs or to have coverage under the disability retirement and survivor benefits programs.
  (b) The member's eligibility to participate in the election shall be based on the member's status in the Defined Benefit Program on October 15, 1992, only, and not on prior or subsequent events.

A member's election of disability or death benefit coverage shall meet all of the following requirements:
  (a) The member is eligible to participate in the election pursuant to Section 23702.
  (b) The election is filed on a form provided by the system.
  (c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists:
  (1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse.
  (2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition.
  (3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage.
  (4) The member is not married.
  (5) The current spouse has no identifiable community property interest in future benefits.
  (d) The election document is signed and dated during the 180-day election period specified in Section 23701.
  (e) The signatures of the member and the member's spouse on the election document are witnessed by a third party who is at least 18 years of age.
  (f) The election document is received in the system's office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993.

If a spouse refuses to sign the election document, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party.

After receipt of a member's election document, the system shall mail an acknowledgement notice to the member that indicates the member's choice of disability and death benefit programs. If the member does not agree with the system's recording of his or her election choice, the member has 30 days from the date of the acknowledgement notice to notify the system in writing.

(a) Failure to file an election pursuant to this chapter shall be deemed to be an election to retain coverage under the disability allowance and family allowance programs.
  (b) Failure to meet all of the requirements for submitting an election pursuant to this chapter shall be deemed to be a failure to file an election.