Section 75093 Of Article 5. Survivor Benefits From California Government Code >> Title 8. >> Chapter 11. >> Article 5.
75093
. (a) Notwithstanding any other provisions of this article to
the contrary, the surviving spouse of any judge who died in office on
or after January 1, 1987, shall receive a monthly allowance, equal
to 25 percent of the monthly salary payable at the time payment of
the allowance falls due, to the judge last holding the judicial
office to which the deceased judge was last elected or appointed.
(b) A surviving spouse who receives an allowance pursuant to this
section shall have no other claim with respect to the Judges'
Retirement Fund or with respect to any other provisions of the Judges'
Retirement Law except that a surviving spouse who receives an
allowance pursuant to this section on account of a death in office on
or after January 1, 1987, and who was eligible to elect the
allowance payable pursuant to Section 75091, may elect, within a
24-month period after the date of the death of the judge, to become
subject to Section 75091 in lieu of the benefit payable pursuant to
this section, and that any surviving spouse who was, prior to January
1, 1987, eligible to elect the monthly allowance provided by Section
75091 but, instead, had elected at the time of the judge's death,
the monthly allowance payable pursuant to this section, may elect,
within a 24-month period after the date of the death of the judge, to
receive the monthly allowance provided by Section 75091 in lieu of
the benefit payable pursuant to this section. An election revoking
the benefit payable pursuant to this section and electing to receive
the monthly allowance payable pursuant to Section 75091 shall be
filed with the Judges' Retirement System and the effective date of
payment provided by Section 75091 shall be the first of the month
following the date on which that election was filed.
(c) This section does not prevent a surviving spouse from claiming
or receiving any payments to which he or she may be entitled as a
beneficiary under the Extended Service Incentive Program set forth in
Article 4.5 (commencing with Section 75085).
(d) If the surviving spouse has received a benefit under Division
4 (commencing with Section 3201) of the Labor Code, on account of the
death of a judge, the amount of that benefit shall be deducted from
the allowance payable under this section.
(e) The allowance provided by this section shall be payable
commencing with the day following the date of the judge's death.
(f) This section does not apply to the death of any retired judge
while serving on assignment in any court.