Article 16. Alternate Survivors’ Allowances of California Government Code >> Division 4. >> Title 3. >> Part 3. >> Chapter 3. >> Article 16.
This article shall not be operative in any county until such
time as the board of supervisors shall, by resolution adopted by
majority vote, make the provisions of this article applicable in such
county.
In counties to which this article applies, this article
provides an alternative system of survivors' allowance applicable
only to the members who elect to participate.
Except as otherwise provided in Section 31864, any member
within 30 days after this article becomes operative in the county, or
within 30 days after entry into service, or during the calendar
months of November or December of any year, may elect to make
contributions for, and participate in, the benefits provided for by
this article. An election made more than 30 days after this article
becomes operative in this county and more than 30 days after entrance
into service shall become operative the following January first.
Any member who has elected to participate in the benefits
provided for by this article may rescind such election during the
months of November or December of any year. Such election shall
become operative on the following January first. No part of the
contributions deducted, pursuant to this article from his salary or
wages will be refunded to such member. Such member may not again
elect to participate in the benefits provided for by this article.
If a member elects to participate in the benefits of this
article all of the provisions of Article 15.5 shall apply to such
member and to his eligible spouse, children, and parents, and to all
other persons to whom Article 15.5 applies, and such provisions are
herein incorporated by reference as if set forth in full except as
hereinafter in this article provided otherwise.
The board shall fix the additional contributions of members
at amounts which it finds will pay one-half of the cost of the
survivors' benefits and lump sum supplemental survivorship benefit
provided for in this article.
Members who because of county service, are subject to the
federal old age and survivors insurance provisions of the Federal
Social Security Act shall pay the entire cost of the survivors
benefits and lump sum supplemental survivorship benefit provided for
in this article.
Until the regulations of the board designate otherwise the
additional contribution of each safety member shall be one dollar and
thirty cents ($1.30) per month and of each other member shall be one
dollar and seventy-one cents ($1. 71) per month.
If a member elected to participate in the benefits provided
for by this article more than 30 days after this article became
operative in the county, a survivor's allowance shall not be due to
either his eligible spouse or child, and a lump sum supplemental
survivorship benefit shall not be due, unless additional deductions
were made pursuant to this article from the salary or wages of such
member for not less than 18 months.
If a member elected to participate in the benefits provided
for by this article more than 30 days after this article becomes
operative in the county, a survivor's allowance shall not be due to
any parent of such member unless additional deductions were made
pursuant to this article from the salary or wages of such member for
not less than 10 years.