Who Will Receive the Benefit?

If you pass away before retirement, the question of who receives your SCERS death benefit depends on two things:

  1. What kind of benefit is payable (e.g., Basic, Alternative, or Service-Connected)
  2. Who meets the eligibility criteria to receive that benefit

This section explains the legal rules SCERS must follow when determining who receives payment after an active member dies.

Priority of Benefit Recipients

Under California law (County Employees Retirement Law of 1937), SCERS follows a specific legal order when determining who receives a death benefit:

1. Eligible Survivor

SCERS first looks for an eligible survivor. This includes:

  • Your spouse or registered domestic partner, if the relationship began at least one year before your death
  • Your unmarried minor children, if there is no eligible spouse or partner

Eligible survivors take priority over any named beneficiary. They may be entitled to receive a monthly continuance if applicable, depending on the type of death benefit.

2. Named Beneficiary

If there is no eligible survivor, SCERS will pay any applicable lump-sum benefit (such as the Basic Death Benefit) to your named beneficiary on file using your Member’s Affidavit.

3. Estate

If there is no eligible survivor and no valid beneficiary on file, SCERS will pay the benefit to your estate.

Requirements for an Eligible Survivor

To qualify for continuing monthly benefits, your survivor must meet one of these conditions:

  • A spouse or registered domestic partner must have been legally married/registered with you at least one year prior to your death
  • A minor child must:
    • Be your natural or adopted child
    • Be under age 18, or under 22 and a full-time student
    • Remain unmarried while receiving the benefit

SCERS will request documents like marriage and birth certificates, or school enrollment confirmation, to verify eligibility.

Designated Beneficiaries

You may name any person, trust, or entity as a beneficiary to receive a lump-sum benefit, such as the Basic Death Benefit.

However:

  • Designated beneficiaries do not receive monthly continuance benefits unless they also qualify as legal survivors under SCERS rules.
  • Eligible survivors override named beneficiaries for purposes of continuing monthly benefits
  • If your beneficiary is a minor, you should name a custodian for that individual using appropriate legal designations

If no adult custodian is named, SCERS may require court involvement before issuing a payment to the legal guardian.

What You Can Do Now

Keeping your records current ensures that the right people are protected—and that SCERS can act quickly and clearly on your behalf.