Gov. Code, § 21626.5 · Article 5. Postretirement Death Benefits
Gov. Code, § 21626.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) For purposes of Section 21624, 21626, 21627, 21629, or 21630, a surviving domestic partner shall be treated in the same manner as a surviving spouse if either:
(1) The domestic partnership was registered for one year prior to the member’s service retirement date or at the disability retirement date and continuously until the date of the member’s death.
(2) The member retired prior to January 1, 2006, and both the member and his or her domestic partner, who currently are in a state-registered domestic partnership, sign an affidavit stating that, at the time prescribed by the retirement system for married spouses to qualify for survivor continuance, the member and the domestic partner would have qualified to be registered as domestic partners pursuant to Section 297 of the Family Code.
(b) For purposes of Section 21624, 21626, 21627, 21629, or 21630, an individual who is the same gender as the member shall be treated in the same manner as a surviving spouse if the following conditions are satisfied:
(1) The individual entered into marriage with the member on or after the date when individuals of the same gender were legally allowed to enter into marriage and was married continuously until the date of the member’s death.
(2) Either of the following applies:
(A) The member retired prior to the date when individuals of the same gender were legally allowed to enter into marriage, and both the member and his or her spouse, who are currently married, sign an affidavit stating that, at the time prescribed by the retirement system for spouses to qualify for a survivor continuance, the member and the individual would have qualified to be legally married had it been legally possible for people of the same gender to marry.
(B) The individual originally qualified to become a surviving spouse under subdivision (a).
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 415, Sec. 31. (AB 2375) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=21626.5.
- Text hash
- sha256 cf32ac57a7aadd69833acdb94bcc2e6339dc7b57fd86d6891086ebed11272195
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, § 21624Printed as Section 21624, 21626, 21627, 21629, or 21630
- Gov. Code, § 21626Printed as Section 21624, 21626, 21627, 21629, or 21630
- Gov. Code, § 21627Printed as Section 21624, 21626, 21627, 21629, or 21630
- Gov. Code, § 21629Printed as Section 21624, 21626, 21627, 21629, or 21630
- Gov. Code, § 21630Printed as Section 21624, 21626, 21627, 21629, or 21630
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.