21574
. (a) In lieu of benefits provided in Section 21571, 21572, or
21573, if the death benefit provided by Section 21532 is payable on
account of a local member's death that occurs under circumstances
other than those described in subparagraph (F) of paragraph (1) of
subdivision (a) of Section 21530, or if an allowance under Section
21546 is payable, the payment pursuant to subdivision (b) shall be
made in the following order of priority:
(1) The surviving spouse of the member, who has the care of
unmarried children, including stepchildren, of the member who are
under 22 years of age, or are incapacitated because of disability
that began before and has continued without interruption after the
attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are 22 years of age or are so
incapacitated.
(3) The surviving spouse of the member, who does not qualify under
paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the contracting agency, shall be
paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid one thousand nine
hundred dollars ($1,900) per month if there is one child or two
thousand two hundred eighty dollars ($2,280) per month if there are
two or more children. If there also are children who are not in the
care of the surviving spouse, the portion of the allowance payable
under this paragraph, assuming that these children were in the care
of the surviving spouse, that is in excess of nine hundred fifty
dollars ($950) per month, shall be divided equally among all those
children and payments made to the spouse and other children, as the
case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid nine
hundred fifty dollars ($950) per month.
(B) If there are two children, the children shall be paid one
thousand nine hundred dollars ($1,900) per month divided equally
between them.
(C) If there are three or more children, the children shall be
paid two thousand two hundred eighty dollars ($2,280) per month
divided equally among them.
(3) A surviving spouse who has attained or attains the age of 60
years, and who was either continuously married to the member for at
least one year prior to death, or was married to the member prior to
the occurrence of the injury or onset of the illness that resulted in
death, shall be paid nine hundred fifty dollars ($950) per month. No
allowance shall be paid under paragraph (1), or while an allowance
is being paid under subparagraph (C) of paragraph (2). The allowance
paid under this paragraph shall be three hundred eighty dollars
($380) per month while an allowance is being paid under subparagraph
(B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 60 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid nine hundred fifty dollars ($950) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall only apply to members of a contracting
agency that, by amending its contract, first elects effective on or
after January 1, 1994, to make this section applicable to local
members employed by the agency. On and after January 1, 1994,
contracting agencies already subject to Section 21571, 21572, or
21573 may elect by contract amendment to be subject to this section.
A public agency first contracting with the board or amending its
contract to remove exclusions of member classifications on or after
July 1, 2001, shall include this section or Section 21574.5 in its
contract. All assets and liabilities of all contracting agencies
subject to this section, and their employees, on account of benefits
provided under this article shall be pooled into a single account,
and a single employer rate shall be established to provide benefits
under this section on account of members employed by a contracting
agency that is subject to this section.
(e) The rate of contribution of an employer subject to this
section shall be calculated using the term insurance valuation
method. If a contracting agency that is subject to this section has a
surplus in its 1959 survivor benefit account as of the date the
contracting agency becomes subject to this section, the surplus shall
be applied to reduce its rate of contribution. If a contracting
agency that is subject to this section has a deficit in its 1959
survivor benefit account as of the date the contracting agency
becomes subject to this section, its rate of contribution shall be
increased until the deficit is paid.
(f)This section or Section 21574.5 shall apply to public agencies,
employing eligible school safety members as defined in Section
20444, that first contract with the board on or after July 1, 2001.
(g) At the time the single benefit level provided under Section
21574.5 exceeds the single benefit level provided under this section,
no new contracts or amendments to contracts shall provide for the
benefits under this section.