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HomeEducation CodeDiv. 1Pt. 13Ch. 24§ 23880 Retired Member Death Benefit

§ 23880 Retired Member Death Benefit

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23880 Retired Member Death Benefit

Key Takeaways

  • •If a retired member or a member who meets certain conditions dies, their chosen beneficiary gets at least $5,000.
  • •The $5,000 payment is given if the member dies within 1 year of coming back from service retirement or within 6 months of coming back from disability retirement.
  • •The amount of the payment can go up over time based on changes in the cost of living in California.
  • •The beneficiary can choose to give up the payment by filling out a special form.

Example

A retired firefighter passes away, and his spouse is listed as the beneficiary.

The spouse will receive at least $5,000 because the firefighter was a retired member.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23880 Retired Member Death Benefit

(a) A death payment of not less than five thousand dollars ($5,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of either of the following: (1) A retired member. (2) A member, if the death payment pursuant to Section 23801 would have otherwise been payable or if the conditions specified pursuant to paragraphs (3) and (5) of subdivision (b) of Section 23854 are met, and if the member’s death occurs during one of the following periods: (A) Within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208. (B) Within six months commencing with the effective date of reinstatement from disability retirement pursuant to Section 24117. (b) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment any adjusted amount. (c) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 9. (AB 1325) Effective January 1, 2018.)

Last verified: January 23, 2026

Key Terms

retirementdisabilityreinstatementobligationwaiverdeathall urban californiaconsumer price index

Related Statutes

  • § 23881 Retired Member Death Benefits
  • § 23851 Death Payment Qualification
  • § 22123.5 Dependent Child Eligibility Rules
  • § 23852 Survivor Benefit Election
  • § 24209 Reinstatement Retirement Benefits Calculation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23880.
View Official Source