Section 23812 Of Chapter 22. Active Death Benefits: Family Allowance From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 22.
23812
. (a) The surviving spouse of a deceased member who previously
lost entitlement to benefits prescribed by this part due to
remarriage shall be entitled to resume payment of the benefits
effective either on January 1, 2000, or the first day of the month
following receipt by the board of a written application for
resumption of benefits, whichever date is later. The amount of the
benefits payable shall be calculated as though the benefits had been
paid without interruption from the date of remarriage through the
benefits resumption effective date.
(b) The board shall be under no requirement to identify, locate,
or notify a remarried spouse of a deceased member who previously lost
entitlement as a result of remarriage about the resumption of
benefits provided in this section. The board shall be under no
requirement to provide the name or address or any other information
concerning any remarried spouse of a deceased member to any person,
agency, or entity for the purpose of notifying those who may be
eligible for the resumption of benefits under this section.
(c) Nothing in this section shall be construed to imply or
interpreted to mean that the benefits addressed shall be required to
be paid retroactively.
(d) This section does not apply to the surviving domestic partner
of a member.