§ A8.905

RIGHTS OF SURVIVING SPOUSE, DOMESTIC PARTNER, OR DEPENDENTS

a.

If a member shall die by reason of an injury received in, or illness caused by the performance of duty during the period of their participation in the DROP, the member’s qualified surviving spouse, qualified registered/certified domestic partner or other qualified dependents provided for in this Charter shall receive a death allowance pursuant to the applicable provisions of the Charter as if the member had never elected to enter DROP. Whichever of the member’s qualified surviving spouse, qualified registered/certified domestic partner or other qualified dependents provided for in this Charter is entitled to receive this allowance may, instead of receiving the benefit under this paragraph, elect to receive a non-work related death benefit as specified in paragraph (b) below.

b.

If a member shall die during the period of their participation in the DROP for non-work related causes, the surviving qualified spouse, qualified registered/certified domestic partner, or other qualified dependents provided for in this Charter, shall be entitled to a post-retirement continuation allowance, along with any amounts credited to the deceased member’s DROP Account, determined as if the participant had elected to voluntarily withdraw from DROP under Section A8.906 on the participant’s date of death. Such payments shall be made on the basis of beneficiary elections made by the member at the time of his or her entry into DROP, and updated from time to time, as set forth in Section A8.905(d).

c.

In order for a surviving spouse or registered/certified domestic partner to be qualified for the monthly allowance described in this section, the member must have been married, or have established a domestic partnership within the time limits specified by this Charter. In order for surviving dependents to be qualified for the monthly allowance described in this section, such dependents must satisfy the requirements of the retirement provisions of this Charter. In any circumstance where the eligibility requirements specify the member’s date of retirement, those requirements must be met at the date of entry into DROP.

d.

A member who elects to participate in the DROP may designate a beneficiary for the proceeds of the member’s DROP Account in writing, not later than the time of entry into the DROP. The member may change the designation at any time prior to the distribution of the DROP Account. If the designated beneficiary predeceases the participating member, and the member becomes deceased before designating a new beneficiary, any distribution of the proceeds of the DROP Account shall be made to the estate of the member, pursuant to law.

e.

Notwithstanding the above provisions, a member’s designation of a DROP Account beneficiary shall be subject to community property obligations, if any, under applicable California law.

History

(Added by Proposition B, Approved 2/5/2008)

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