Gov. Code, § 31778.2 · Article 11.5. Deferred Retirement Option Program
Gov. Code, § 31778.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a participant dies during the period from the deferred calculation date to the election date, he or she shall be deemed to have died while eligible for the deferred retirement option and the participant’s eligible spouse or other beneficiary shall be qualified to elect the deferred retirement option under Section 31778 as if the participant were still living, except as provided in subdivisions (b) and (c).
(b) Benefits under Article 12 (commencing with Section 31780) or, if applicable, Section 31765, 31765.1 or 31765.11 shall be calculated as if the participant had died on the deferred retirement calculation date. Notwithstanding the foregoing, eligibility of a spouse for any benefits shall be based on the participant’s marital status and the duration of the marriage as of the actual date of death.
(c) The balance in the participant’s program account shall be distributed pursuant to Section 31778.3.
Notes and commentary — not statutory text
History
Added by Stats. 2003, Ch. 897, Sec. 1. Effective January 1, 2004.
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=31778.2.
- Text hash
- sha256 f92039e50e179ec583d2e0083732a20944f7f997fa75e0b3e1f8d862cc5a6f2a
- 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, § 31765Printed as Section 31765, 31765.1 or 31765.11
- Gov. Code, § 31765.1Printed as Section 31765, 31765.1 or 31765.11
- Gov. Code, § 31765.11Printed as Section 31765, 31765.1 or 31765.11
- Gov. Code, § 31778Printed as Section 31778
- Gov. Code, § 31778.3Printed as Section 31778.3
- Gov. Code, tit. 3, div. 4, pt. 3, ch. 3, art. 12Death BenefitPrinted as Article 12 (commencing with Section 31780)
Cited by 3 provisions
Provisions in this library whose text cites Gov. Code, § 31778.2. Each shows the citation as that text prints it.
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