Section 21037 Of Article 5. Credit For Public Service From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 11. >> Article 5.
21037
. Notwithstanding any other provision of law, the following
shall apply:
(a) A member who has elected to receive credit for service by
contributing in installments and who retires for disability on or
after January 1, 2004, when the election for service credit does not
increase the member's allowance payable, may elect to cancel the
installments prospectively. The member's election may be received by
the system no more than 30 days after the date on which the member's
retirement for disability is approved. The effective date of the
member's election shall be the effective date of the member's
retirement for disability. No refund of contributions paid in
installments prior to the effective date of the member's election may
be payable to a member or retired member as a result of an election
made by a member pursuant to this section.
(b) A member's election pursuant to this section shall be void,
and installment payments shall resume, upon a member's reinstatement
from retirement for disability. The remaining balance due shall be
recalculated to include interest during the disability retirement
period.
(c) On or after January 1, 2004, the survivor of a member who
elected to receive credit for service by contributing in
installments, when the survivor is eligible to receive an allowance
subject to Section 21541, may elect to cancel the installments
prospectively when the election for service credit does not increase
the survivor's allowance payable. The survivor's election shall be
received by the system no more than 30 days after the member's date
of death. The effective date of the survivor's election shall be the
member's date of death. No refund of contributions paid in
installments prior to the member's date of death may be payable as a
result of an election made by a survivor pursuant to this section.
(d) A survivor's election pursuant to this section shall be void,
and installment payments shall resume, upon a determination that the
death was not industrial, following payment of a temporary special
death benefit allowance, provided that the survivor is then entitled
to a monthly allowance under Section 21546, 21547, 21547.7, or 21548.
The remaining balance due shall be recalculated to include interest
during the temporary special death benefit period.
(e) A member who retired for disability prior to January 1, 2004,
or the survivor of a deceased disability retiree who began receiving
a postretirement death benefit allowance prior to January 1, 2004, or
the survivor of a member who began receiving an allowance subject to
Section 21541 prior to January 1, 2004, may elect to cancel
installments prospectively when the election for service credit does
not increase the allowance payable. The effective date of the
election shall be the date that the election is received by this
system. No refund of contributions paid in installments prior to the
effective date of the election may be payable pursuant to this
section.