Section 21553 Of Article 2. Preretirement Death Benefits From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 14. >> Article 2.
21553
. (a) The monthly allowance pursuant to Section 21541 and
Article 3 (commencing with Section 21570), paid to the surviving
spouse of any deceased local safety member who was a firefighter, or
peace officer as described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, who died in the line of
duty, shall be restored if that allowance has been reduced or
discontinued upon the spouse's remarriage. The allowance shall be
resumed on the effective date of this section, 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.
(b) The amount of the benefits due shall be calculated as though
the allowance had never been reduced or discontinued because of
remarriage, and shall not be payable for the period between the date
of reduction or discontinuance and the effective date of resumption.
(c) The board has no duty to identify, locate, or notify a spouse
who previously had his or her allowance reduced or discontinued
because of remarriage.
(d) Any surviving spouse shall be entitled to restoration of
terminated or diminished benefits upon application to the system if
he or she previously qualified for special death benefits because his
or her spouse died in the line of duty.