Chapter 3.5 - California National Guard Surviving Spouses and Children Relief Act of 2004

Sections (3)

Amended by Stats. 2020, Ch. 97, Sec. 42. (AB 2193) Effective January 1, 2021.

(a)The state shall pay a ten thousand dollar ($10,000) death benefit to the surviving spouse of, or a beneficiary designated by, any member of the California National Guard, State Guard, or Naval Militia who dies or is killed after March 1, 2003, in the performance of duty.

(b)The Military Department shall determine if the death occurred in the performance of the member’s duty, and shall issue a certificate of benefit eligibility under this section within 20 days of application by the surviving spouse or a

designated beneficiary.

(c)The state shall pay the death benefit within 10 days of the receipt of the certificate of benefit eligibility from the surviving spouse or a beneficiary designated by the service member.

§ 851

Added by Stats. 2004, Ch. 547, Sec. 2. Effective January 1, 2005. Note: This section prescribed conditions for operation of Chapter 3.5 (commencing with Section 850), which were satisfied in Section 852, as added September 22, 2005, by Stats. 2005, Ch. 342.

This chapter shall become operative upon the operative date of an appropriation by the Legislature for the purpose of funding the payments of military benefits, as required by this chapter.

§ 852

Amended by Stats. 2020, Ch. 97, Sec. 43. (AB 2193) Effective January 1, 2021.

There is hereby appropriated the sum of one hundred thirty thousand dollars ($130,000) from the General Fund to the Military Department for the purpose of paying death benefits, as prescribed by this chapter, to the families of members of the California National Guard, State Guard, or Naval Militia who have lost their lives in the performance of duty, as determined by the Military Department.