Article 7. Survivor And Insurance Benefits of California Government Code >> Title 8. >> Chapter 11.5. >> Article 7.
(a) A surviving spouse of a judge who was eligible to retire
pursuant to subdivision (a) of Section 75522 shall, within 90 days
after the judge's death, elect to receive either of the following:
(1) A monthly retirement allowance equal to one-half of the judge'
s benefit factor computed as stated in subdivision (d) of Section
75522 as of the date of death, multiplied by the judge's final
compensation multiplied by the number of years of service credit.
This allowance shall be adjusted for changes in the cost of living as
provided in Section 75523.
(2) The judge's monetary credits determined pursuant to Section
75520, including the credits added under subdivision (b) of that
section computed to the last day of the month preceding the date of
distribution.
(b) A surviving spouse of a retired judge who elected to receive a
monthly allowance under subdivision (d) of Section 75522 or who was
retired for disability and receiving an allowance under Section
75560.4 shall receive a monthly allowance equal to 50 percent of the
deceased judge's last monthly retirement allowance. This allowance
shall be adjusted for changes in the cost of living as provided in
Section 75523.
(c) (1) Notwithstanding any other provision of this article to the
contrary, the surviving spouse of a judge who (A) died in office,
(B) had attained the minimum age for service retirement applicable to
the judge preceding his or her death, with a minimum of 20 years of
service, and (C) was eligible to receive an allowance pursuant to
Section 75522, shall receive an allowance that is equal to the amount
that the judge would have received if the judge had been retired
from service on the date of death and had elected optional settlement
2 specified in subdivision (b) of Section 75571.
(2) A surviving spouse receiving an allowance pursuant to this
subdivision shall have no other claim to benefits with respect to the
Judges' Retirement Fund or with respect to any other provision of
the Judges' Retirement System II Law.
(3) The benefits provided by this subdivision are only payable to
the surviving spouse of a judge who elects to come within this
subdivision. That election may be made at any time while the judge is
in office and, once made, the election is irrevocable.
(d) A monthly allowance payable to a surviving spouse pursuant to
this section is payable commencing upon the death of the judge and
continuing until the death of the surviving spouse.
(a) A surviving spouse of a judge who dies before becoming
eligible to retire pursuant to subdivision (a) of Section 75522 shall
receive the greater of one of the following:
(1) The judge's monetary credits determined pursuant to Section
75520, including the credits added under subdivision (b) of that
section computed to the last day of the month preceding the date of
distribution.
(2) Three times the judge's annual salary at the time of his or
her death. The amount shall be paid in equal monthly installments for
a period of 36 months.
(b) If there is no surviving spouse, the greater of the amounts
prescribed in subdivision (a) shall be paid to the surviving children
of the judge; or if none, to the judge's designated beneficiary, or
if none, to the judge's estate.
Each judge shall receive the same group term life insurance
benefits as is granted to other constitutional officers and state
managerial employees. The Administrative Office of the Courts shall
administer the insurance benefit.