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AB 1844: Judges’ Retirement System II: beneficiaries.
What AB 1844 does, verified September 15, 2026
This bill amends certain sections of the government code to provide changes to judges' retirement benefits. It allows a judge to designate a beneficiary other than their spouse to receive a payment or allowance after the judge's death, subject to the community property rights of the spouse. The bill provides that the designated beneficiary can receive survivor benefits equal to the amount the judge would have received if they had been retired at the time of death. The minimum service requirement for a surviving spouse to receive an allowance is removed, allowing the designated beneficiary to receive the benefit.
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Last action: Enrolled and presented to the Governor at 3:30 p.m. (2026-09-08)Alert me
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| Sep. 08, 2026 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug. 28, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6794.). |
| Aug. 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug. 27, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug. 25, 2026 | Ordered to special consent calendar. |
Latest bill textEnrolled version, September 2, 2026 · 5,566 words
| Enrolled September 02, 2026 |
| Passed IN Senate August 27, 2026 |
| Passed IN Assembly August 28, 2026 |
| Amended IN Senate August 13, 2026 |
| Amended IN Senate June 11, 2026 |
| Amended IN Assembly March 19, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1844
| Introduced by Assembly Member Pacheco |
February 11, 2026 |
An act to amend Sections 75522, 75522.5, 75570, 75570.5, 75571.5, 75590, and 75591 of, and to add Sections 75571.7 and 75574 to, the Government Code, relating to judges’ retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1844, Pacheco. Judges’ Retirement System II: beneficiaries.
Existing law establishes the Judges’ Retirement System II, which is administered by the Board of Administration of the Public Employees’ Retirement System, and provides pension and other benefits to judges who are members. Existing law authorizes a judge to elect one of 4 optional retirement payment plans, with variations, in lieu of receiving the maximum retirement allowance for their life alone. The optional plans provide for a reduced allowance payable to the judge for life and a payment or allowance payable to their surviving spouse, as specified.
Under existing law, the 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s surviving spouse for life, as provided, and the 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have1/2 of the monthly allowance paid to the judge’s surviving spouse for life, as provided.
This bill would authorize a judge who retires on or after January 1, 2027, to elect to be subject to alternative provisions governing those 4 optional retirement payment plans described above, which would allow a judge to designate a beneficiary, which may or may not include their spouse, to receive the payment or allowance after the judge’s death. A designation of a beneficiary under these alternative provisions would be subject to the community property rights of the judge’s spouse. The bill would provide that under these alternative provisions, for the 100 Percent Beneficiary Option 2 with Benefit Allowance Increase and the 50 Percent Beneficiary Option 3 with Benefit Allowance Increase, if a nonspouse beneficiary waives entitlement to the allowance, the judge’s allowance shall be adjusted effective the first day of the month following the receipt of the waiver to reflect the benefit that would have been paid had the judge not selected an optional settlement. The bill would provide that these two optional retirement payment plans shall not result in additional cost to the employer.
Existing law authorizes the surviving spouse of a judge who died in office, had attained the minimum age for service retirement, with a minimum of 20 years of service, and met other requirements to receive an allowance that is equal to the amount that the judge would have received if the judge had been retired from service on the date of death, as specified.
This bill would remove the requirement that the judge have had a minimum of 20 years of service in order to receive this surviving spouse allowance.
Existing law authorizes the surviving spouse of a retired judge who was receiving a retirement allowance pursuant to specified provisions to receive a monthly allowance equal to 50% of the deceased judge’s unmodified monthly retirement allowance, as provided.
Under this bill, the surviving spouse of a retired judge who elected to be subject to the alternative provisions described above governing the 4 optional retirement payment plans would receive this surviving spouse allowance only if the spouse was married to the judge continuously from the date of the judge’s retirement until the date of the judge’s death.
This bill would make other related and technical changes.
The people of the State of California do enact as follows:
SECTION 1.
Section 75522 of the Government Code is amended to read:75522.
(a) A judge is eligible to retire pursuant to this section upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of 5 years of service.(b) The office of a judge who retires under this section becomes vacant on the date of the retirement.
(c) A judge who retires pursuant to this section shall, within 30 days after the effective date of the retirement, elect to receive either the benefits provided by subdivision (d) or the benefits provided by subdivision (e). Under rules adopted by the board, the time for the election may be extended in cases of illness or other hardship, but once made, the election shall be final and irrevocable.
(d) The judge may elect to receive for life a monthly retirement allowance equal to the benefit factor multiplied by the judge’s final compensation multiplied by the number of years of service credit.
(1) The benefit factor for a judge eligible to retire pursuant to this section equals 3.75 percent per year of service.
(2) In no event shall the retirement allowance at the time of retirement exceed 75 percent of the judge’s final compensation.
(e) The judge may elect to receive the amount of their monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution. Under rules adopted by the board, the judge may elect to receive that amount in a single payment, or may direct that it be paid in an annuity of actuarially equivalent value for the judge’s life or in one of the optional forms provided for in Section 75571 if the judge retires on or before December 31, 2017, Section 75571.5 if the judge retires during the period beginning on January 1, 2018, and ending on December 31, 2026, or Section 75571.7 if the judge retires on or after January 1, 2027.
(f) If a retired judge fails or refuses to make an election pursuant to subdivision (c) within the time allowed, the judge shall be deemed to have elected to receive a monthly retirement allowance under subdivision (d).
SEC. 2.
Section 75522.5 of the Government Code is amended to read:75522.5.
(a) On and after January 1, 2024, a judge who is not eligible to retire pursuant to Section 75522, in lieu of receiving their monetary credits pursuant to subdivision (b) of Section 75521, may elect to retire pursuant to this section, notwithstanding Section 7522.44, upon satisfying the eligibility requirements of this section. Retirement pursuant to this section shall be considered a service retirement for the purposes of Section 75580.5.(b) A judge is eligible to retire pursuant to this section upon attaining both 60 years of age and 15 years or more of service, or upon attaining 65 years of age with a minimum of 10 years of service.
(c) The office of a judge who retires under this section becomes vacant on the date of retirement.
(d) (1) A judge who elects to retire pursuant to this section shall, within 30 days after the effective date of the retirement, elect to receive one of the benefits provided under subdivision (f). Under rules adopted by the board, the time for the election may be extended in cases of illness or other hardship, but once made, the election shall be final and irrevocable.
(2) If a retired judge fails or refuses to make an election pursuant to subdivision (f) within the time allowed, the retired judge shall be deemed to have elected to receive a monthly allowance under paragraph (1) of subdivision (f).
(e) For purposes of this section, “full retirement age” means the age and years of service at which a judge would have become eligible to retire under Section 75522 if the judge had continued to accrue years of service credit rather than retire pursuant to this section.
(f) Subject to the limits described in subdivision (g), a judge who elects to retire under this section shall receive, for life, a monthly retirement allowance equal to the applicable benefit factor multiplied by the judge’s final compensation multiplied by the number of years of service credit, pursuant to one of the following paragraphs:
(1) This paragraph shall apply to the retirement allowance of a judge who retires prior to full retirement age and who defers to full retirement age. The benefit factor for a judge electing to retire pursuant to this paragraph shall be a percentage equal to 3.75 reduced by 0.07 for each year, taken to the preceding completed quarter year, the judge’s date of retirement is prior to the judge’s full retirement age.
(2) This paragraph shall apply to the retirement allowance of a judge who retires prior to full retirement age and who defers past full retirement age. The retirement allowance shall commence on the date the judge attains full retirement age plus an additional 0.22 years for each year the judge’s date of retirement is prior to the judge’s full retirement age. The benefit factor for a judge electing to retire pursuant to this paragraph equals 3.75 percent.
(g) (1) In no event shall the retirement allowance under this section calculated at the time of retirement exceed 75 percent of the judge’s final compensation.
(2) The calculation of the retirement allowance under this section shall not include more than 20 years of service.
(h) A monthly allowance or optional settlement payable under this chapter to a surviving spouse or a designated beneficiary of a judge who elected to retire pursuant to this section, and who died before receiving a retirement allowance, shall begin the date the judge would have been eligible to receive a retirement allowance under this section and shall continue until the death of the surviving spouse or the designated beneficiary.
(i) This section shall only apply to judges who retire pursuant to this section before January 1, 2029.
SEC. 3.
Section 75570 of the Government Code is amended to read:75570.
(a) (1) In lieu of electing the unmodified allowance for the judge’s life alone, a judge who elects to retire and receive a monthly allowance under either subdivision (d) of Section 75522 or Section 75522.5 may elect, on or before the date of retirement, to have the actuarial equivalent of the judge’s retirement allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in one of the following sections, as applicable: (A) Section 75571 if the judge retires on or before December 31, 2017.
(B) Section 75571.5 if the judge retires during the period beginning on January 1, 2018, and ending on December 31, 2026, or if the judge retires on or after January 1, 2027, and elects to be subject to Section 75571.5.
(C) Section 75571.7 if the judge retires on or after January 1, 2027, and elects to be subject to Section 75571.7.
(2) An election to be subject to Section 75571.5 or 75571.7 shall be irrevocable.
(b) That election, revocation, or change of election shall be made by a writing filed with the system within 30 calendar days after the making of the first payment on account of any retirement allowance.
(c) If there is a spouse who would qualify for the survivor allowance under subdivision (c) or (d) of Section 75590, then the election, with respect to any optional settlement other than the optional settlement in subdivision (a) of Section 75571, subdivision (b) of Section 75571.5, or subdivision (b) of Section 75571.7, shall apply only to the portion of the retirement allowance that exceeds the amount of the allowance deemed payable to the surviving spouse.
SEC. 4.
Section 75570.5 of the Government Code is amended to read:75570.5.
If a judge elects an optional settlement that provides for a monthly allowance for their surviving spouse or their named beneficiary or beneficiaries, the combined allowance payable to the surviving spouse or the named beneficiary or beneficiaries pursuant to the optional settlement and to the surviving spouse pursuant to Section 75590, if applicable, cannot exceed the amount of the judge’s monthly allowance.SEC. 5.
Section 75571.5 of the Government Code is amended to read:75571.5.
This section applies to any judge who retires during the period beginning on January 1, 2018, and ending on December 31, 2026, and to any judge who retires on or after January 1, 2027, who elects under subdivision (a) of Section 75570 to be subject to this section.(a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to the judge for the judge’s life alone. A continuing allowance to a surviving spouse, other than the benefit provided in subdivision (c) or (d) of Section 75590, is not provided and there is not a return of unused accumulated contributions after the death of the judge.
(b) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to the judge for the judge’s life alone and if the judge dies before the judge receives in annuity payments the amount of the judge’s accumulated contributions at retirement, to have the balance at death paid to the judge’s surviving spouse, or if none, to the judge’s designated beneficiary, or if none, to the judge’s estate.
(c) (1) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s surviving spouse for life, provided that, with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) Upon the death of both the judge and the surviving spouse, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the surviving spouse pursuant to this subdivision will be paid in a lump sum to the designated beneficiary of the deceased, or if none, to the estate of the deceased.
(d) (1) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) If the judge’s spouse predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(3) If the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the surviving spouse awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(e) (1) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) Upon the death of both the judge and the surviving spouse, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the surviving spouse pursuant to this subdivision will be paid in a lump sum to the designated beneficiary of the deceased, or if none, to the estate of the deceased.
(f) (1) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) If the judge’s spouse predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(3) If the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the surviving spouse awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(g) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a judge until the judge’s death, and thereafter to have a monthly allowance paid to the judge’s surviving spouse for life. Subject to Section 75570.5, the judge may select the monthly allowance payable to the surviving spouse from the options below:
(1) Specific Dollar Amount to a Surviving Spouse. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount determined by the judge be paid to the judge’s surviving spouse for life.
(2) Specific Percentage to a Surviving Spouse. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the judge’s allowance be paid to the judge’s surviving spouse for life.
SEC. 6.
Section 75571.7 is added to the Government Code, to read:75571.7.
This section applies to any judge who retires on or after January 1, 2027, who elects under subdivision (e) of Section 75522 or subdivision (a) of Section 75570 to be subject to this section.(a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to the judge for the judge’s life alone. A continuing allowance to a designated beneficiary, other than the benefit provided in subdivision (c) or (d) of Section 75590, is not provided and there is not a return of unused accumulated contributions after the death of the judge.
(b) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to the judge for the judge’s life alone and if the judge dies before the judge receives in annuity payments the amount of the judge’s accumulated contributions at retirement, to have the balance at death paid to the judge’s designated beneficiary, or if none, to the judge’s estate.
(c) (1) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s designated beneficiary for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the designated beneficiary shall receive a monthly allowance equal to that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) Upon the death of both the judge and the designated beneficiary, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the designated beneficiary pursuant to this subdivision will be paid in a lump sum to the secondary beneficiary or beneficiaries designated by the judge.
(d) (1) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s designated beneficiary for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the designated beneficiary shall receive a monthly allowance equal to that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the designated beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(3) If the designated beneficiary is a spouse and the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the designated beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(4) If a nonspouse beneficiary waives entitlement to this allowance, the judge’s allowance shall be adjusted effective the first day of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary to reflect the benefit that would have been paid had the judge not selected an optional settlement.
(5) Nothing in this subdivision shall result in additional cost to the employer.
(e) (1) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s designated beneficiary for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the designated beneficiary shall receive a monthly allowance equal to one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) Upon the death of both the judge and the designated beneficiary, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the designated beneficiary pursuant to this subdivision will be paid in a lump sum to the secondary beneficiary or beneficiaries designated by the judge.
(f) (1) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s designated beneficiary for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the designated beneficiary shall receive a monthly allowance equal to one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590.
(2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the designated beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(3) If the designated beneficiary is a spouse and the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the designated beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement.
(4) If a nonspouse beneficiary waives entitlement to this allowance, the judge’s allowance shall be adjusted effective the first day of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary to reflect the benefit that would have been paid had the judge not selected an optional settlement.
(5) Nothing in this subdivision shall result in additional cost to the employer.
(g) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a judge until the judge’s death, and thereafter to have a monthly allowance paid to the judge’s designated beneficiary or beneficiaries for life. Subject to Section 75570.5, the judge may select the monthly allowance payable to the designated beneficiary or beneficiaries from the options below:
(1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount determined by the judge be paid to a designated beneficiary or beneficiaries for life.
(2) Specific Percentage to a Beneficiary or Beneficiaries. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the judge’s allowance be paid to a designated beneficiary or beneficiaries for life.
SEC. 7.
Section 75574 is added to the Government Code, to read:75574.
(a) Except as provided in subdivision (b), a judge may, at any time prior to or after reaching retirement age consistent with Section 75522 or 75522.5, as applicable, designate a beneficiary to receive the benefits as may be payable to their beneficiary under this article, by a signed writing filed with the board.(b) A designation shall not be made in derogation of the community property share of any nonmember spouse when any benefit is derived, in whole or in part, from community property contributions or service credited during the period of marriage, unless the nonmember spouse has previously obtained an alternative order for division pursuant to Section 2610 of the Family Code.
(c) The designation, subject to conditions imposed by board rule, may be by class, in which case the members of the class at the time of the judge’s death shall be entitled as beneficiaries. The designation shall also be subject to the board’s conclusive determination, upon evidence satisfactory to it, of the existence, identity, or other facts relating to entitlement of any person designated as beneficiary, and payment made by this system in reliance on any determination made in good faith, notwithstanding that it may not have discovered a beneficiary otherwise entitled to share in the benefit, shall constitute a complete discharge and release of this system for further liability for the benefit.
SEC. 8.
Section 75590 of the Government Code is amended to read:75590.
(a) A surviving spouse of a judge who was eligible to retire pursuant to subdivision (a) of Section 75522 shall, within 90 days after the judge’s death, elect to receive either of the following:(1) A monthly retirement allowance equal to one-half of the judge’s benefit factor computed as stated in subdivision (d) of Section 75522 as of the date of death, multiplied by the judge’s final compensation multiplied by the number of years of service credit. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(2) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution.
(b) On and after January 1, 2024, a surviving spouse of a judge who was not eligible to retire pursuant to subdivision (a) of Section 75522, but was eligible to retire pursuant to subdivision (b) of Section 75522.5, shall, within 90 days after the judge’s death, provided that the death occurs prior to January 1, 2029, elect to receive either of the following:
(1) A monthly retirement allowance equal to one-half of the judge’s benefit factor computed as stated in paragraph (1) of subdivision (f) of Section 75522.5 as of the date of death, multiplied by the judge’s final compensation multiplied by the number of years of service credit. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(2) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution.
(c) A surviving spouse of a retired judge who elected to receive a monthly allowance under subdivision (d) of Section 75522 or who was retired for disability and receiving an allowance under Section 75560.4 shall receive a monthly allowance equal to 50 percent of the deceased judge’s unmodified monthly retirement allowance. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(d) (1) A surviving spouse of a retired judge who was receiving a retirement allowance under Section 75522.5 shall receive a monthly allowance equal to 50 percent of the deceased judge’s unmodified monthly retirement allowance. The surviving spouse’s allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(2) A surviving spouse of a judge who elected to retire and receive a retirement allowance under Section 75522.5, but who died before receiving the retirement allowance, shall receive a monthly allowance equal to 50 percent of the unmodified monthly retirement allowance the deceased judge would have received pursuant to Section 75522.5 had the judge been living and receiving the retirement allowance, beginning the date the judge would have been eligible to receive the benefits under Section 75522.5. This allowance shall be adjusted for changes in the cost of living in the same manner as provided in Section 75523.
(e) (1) Notwithstanding any other provision of this article to the contrary, the surviving spouse of a judge who (A) died in office, (B) had attained the minimum age for service retirement applicable to the judge preceding their death, and (C) was eligible to receive an allowance pursuant to Section 75522 shall receive an allowance that is equal to the amount that the judge would have received if the judge had been retired from service on the date of death and had elected the optional settlement specified in subdivision (b) of Section 75571 and in Section 75573.
(2) A surviving spouse receiving an allowance pursuant to this subdivision shall have no other claim to benefits with respect to the Judges’ Retirement Fund or with respect to any other provision of the Judges’ Retirement System II Law.
(3) The benefits provided by this subdivision are only payable to the surviving spouse of a judge who elects to come within this subdivision. That election may be made at any time while the judge is in office and, once made, the election is irrevocable.
(f) Except as provided in paragraph (2) of subdivision (d), a monthly allowance payable to a surviving spouse pursuant to this section is payable commencing upon the death of the judge and continuing until the death of the surviving spouse.
(g) On and after January 1, 2027, the surviving spouse of a retired judge who elected under subdivision (a) of Section 75570 to be subject to Section 75571.7 may receive benefits payable to a surviving spouse under this section only if the spouse was married to the judge continuously for the period beginning from the date of the judge’s retirement until the date of the judge’s death.
SEC. 9.
Section 75591 of the Government Code is amended to read:75591.
(a) A surviving spouse of a judge who dies before becoming eligible to retire pursuant to subdivision (a) of Section 75522 shall receive the greater of one of the following:(1) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution.
(2) Three times the judge’s annual salary at the time of the judge’s death. The amount shall be paid in equal monthly installments for a period of 36 months.
(b) If there is no surviving spouse, the greater of the amounts prescribed in subdivision (a) shall be paid to the judge’s designated beneficiary, or if none, to the judge’s estate.
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