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HomeGovernment CodeDiv. 5Pt. 3Ch. 14Art. 3§ 21580 Surviving Spouse Pension Rights

§ 21580 Surviving Spouse Pension Rights

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

§ 21580 Surviving Spouse Pension Rights

Key Takeaways

  • •If a local worker dies, their spouse can get benefits if they are 60 or older and were married for at least 1 year before the worker died.
  • •The spouse can also get benefits if they were married before the worker got sick or hurt and didn’t remarry after the worker died.
  • •Some workplaces can choose to follow this rule if they change their contract after January 1, 1993.
  • •New workplaces can include this rule in their contract if they want to.

Example

A firefighter dies while on duty. His wife is 62 years old, and they were married for 5 years before he passed away.

The wife can get benefits because she is over 60 and was married to the firefighter for more than 1 year before he died.

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

Official Source
View on CA.gov

§ 21580 Surviving Spouse Pension Rights

Notwithstanding anything to the contrary in Sections 21571, 21572, 21573, and 21574, this article shall apply to a surviving spouse of a local member who has attained or attains the age of 60 years and, with respect to that surviving spouse, who was either continuously married to the member for at least one year prior to death, or who was married to the member prior to the occurrence of the injury or onset of the illness that resulted in death and has not remarried subsequent to the member’s death. A contracting agency that is already subject to this article, on and after January 1, 1993, may elect to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts, except that an election among the employees shall not be required. In the case of contracts made on or after January 1, 1993, this section shall apply to members of a contracting agency that either expressly includes this section in its contract or subsequently elects to amend its contract to make this section applicable to local members employed by the agency. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

surviving spouselocal membercontracting agencyamendment to its contract

Related Statutes

  • § 21574.5 Local Member Death Benefits
  • § 21583 1959 Survivor Allowance Election
  • § 21571 Survivor Benefit Payment Priority
  • § 21572 Survivor Benefit Payment Priority
  • § 21573 Survivor Benefit Payment Priority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21580.
View Official Source