Section 21551 Of Article 2. Preretirement Death Benefits From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 14. >> Article 2.
21551
. Notwithstanding any other provision of this part, the
benefits payable to a surviving spouse pursuant to Sections 21541,
21546, 21547, 21548, and Article 3 (commencing with Section 21570),
do not cease upon remarriage if the remarriage occurs on or after
September 19, 1989, for surviving spouses of deceased state members,
January 1, 1991, for surviving spouses of deceased school members,
upon the date a contracting agency elected to be subject to this
section for deceased local members, or January 1, 2000, for spouses
of deceased local members if the contracting agency has not elected
to be subject to this section. Any surviving spouse who elected the
reduction specified in Section 21500 as it read prior to January 1,
2000, shall be restored to the lifetime allowance to which he or she
was originally entitled effective September 19, 1989, for state
members, January 1, 1991, for school members, upon the date a
contracting agency elected to be subject to this section, or January
1, 2000, if the contracting agency has not elected to be subject to
this section.
Pursuant to Section 22822, the surviving spouse who remarries may
not enroll his or her new spouse or stepchildren as family members
under the continued health benefits coverage of the surviving spouse.
Any surviving spouse whose allowance has been discontinued as a
result of remarriage prior to the effective date of this section
shall have that allowance restored and resumed on January 1, 2000, or
the first of the month, following receipt by the board of a written
application from the spouse for resumption of the allowance,
whichever is later. The amount of the benefits due shall be
calculated as though the allowance had never been reduced or
discontinued because of remarriage, and is not payable for the period
between the date of discontinuance because of remarriage and January
1, 2000. The board has no duty to identify, locate, or notify a
spouse who previously had his or her allowance discontinued because
of remarriage.