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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 09/04
STATE OF CALIFORNIA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the State Registrar,
410 "N" Street, Sacramento, CA 95814, (916)445-2684.
Claims for benefits may call for only simple processing by a beneficiary, or may involve
complicated legal hearings requiring substantial attorney participation. Laws and provisions
relating to death benefits are subject to constant change and it is possible that some of the
information presented here could be altered at anytime. For these reasons, the primary
beneficiary should always consult with competent legal or professional counsel before
attempting to collect benefits.
The jurisdiction's personnel office and the police or sheriff's department should be considered as
valuable resources for both information and assistance. Benefits outlined are for sworn safety
members. Benefits for non-sworn employees are substantially different.
A variety of benefits are generally available, but application must be made to a number of
different agencies or organizations in order to obtain them. Following are some of the most
common benefits, but this list should not be considered to be all inclusive.
STATE PENSION BENEFITS
Names of retirement systems:
1. 1937 Act County Retirement System - INDIVIDUAL RETIREMENT SYSTEMS
NEGOTIATED PER COUNTY. PLEASE CONTACT INDIVIDUAL DEPARTMENT OR
ASSOCIATION.
2. Public Employees Retirement System - 50% OF THE OFFICER/DEPUTY'S SALARY
SHALL BE PAID TO THE SPOUSE (FOR LIFETIME) OF A PERS MEMBER WHO IS
KILLED IN THE PERFORMANCE OF HIS OR HER DUTY OR WHO DIES AS A RESULT
OF AN ACCIDENT OR AN INJURY CAUSED BY EXTERNAL VIOLENCE OR PHYSICAL
FORCE. ADDITIONAL BENEFITS FOR THE OFFICERS CHILDREN: 1 CHILD 12.5% OF
OFFICERS' SALARY, 2 CHILDREN 20%, AND 3 OR MORE CHILDREN 25% UNTIL THE
CHILD MARRIES OR REACHES THE AGE OF 22 YEARS OLD.
3. Independent Local Pension Systems - INDIVIDUAL CHARTERED CITIES -
PLEASE CONTACT THE SPECIFIC AGENCY OR ASSOCIATION.
Due to the fact that there are at least three systems with several different options available in
each system, it is suggested that the retirement board be contacted for information. Contact:
Office of Criminal Justice Planning, 1130 "K" Street, Suite 300, Sacramento, CA 95814. If
you have any further questions, please contact your local COPS Chapter for up-to-date
information.
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In 1996, Governor Pete Wilson signed AB 3478 which removed the remarriage penalty for
survivors of law enforcement officers covered under the California Public Employees Retirement
System.
Effective 2001, Governor Gray Davis signed AB 2621, which allows the surviving spouses
(under the PERS Retirement System) to receive the same pay increases every year as the
working officer/deputy would have received until he/she would have turned 50 years old. This is
calculated by using the final job classification he/she held at the time of their death. This bill
applies only if the deceased officer/deputy would've been under 50 years old as of 1/1/01. This
also deletes the "adoption penalty" for the surviving children of officers/deputies who are
currently receiving PERS benefits. The children will not lose their PERS benefits upon adoption.
Also, local peace officers' associations are a good source for information about retirement system
death benefits.
EDUCATIONAL BENEFITS
In 1970, Assembly Bill 338 was passed by the 1970 California Legislative Session. Known as
the Alan Pattee Scholarship Act, this legislation amended Section 68121 of the California
Education Code.
Under this Act, no fees or tuition of any kind shall be required of or collected by the Regents of
the California State University from any surviving child, natural or adopted, of a public safety
official in the State of California who is killed in the line of duty. The Trustees of the California
State University may enter into agreements with other universities or colleges located within
the state whereby qualified students from campuses of the California State University may
attend the other universities or colleges without payment of some or all fees or tuition or both.
Further, the trustees may enter into agreements with public colleges and universities in other
states whereby qualified students from the California State University may attend the other
college or university without payment of any tuition fee charged by that institution.
The waiver of fees and tuition is handled by the state-supported college or university the
surviving child plans to attend. When applying, the student must make the college or
university aware of the fact that he or she is a surviving child of a law enforcement officer
killed in the line of duty and qualifies for tuition-free education under Section 68121 of the
Education Code known as the Alan Pattee Scholarship Act.
EFFECTIVE August 2003, non-California residents who are California survivors may
attend a California school at the IN-STATE tuition rate and apply for both the Alan Pattee
Scholarship and the LEPD grant.
Effective 1/1/2001, Governor Davis signed AB1850 which provides surviving spouses the
same benefit that their (surviving) children receive. This consists of TUITION FREE
education throughout the University of California, Hastings College of Law, and California
State University systems.
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Rev. 09/04
In addition to tuition-free education from the state, scholarships are available under Section 4709
of the Labor Code for persons who were dependents of peace officers or law enforcement
officers at the time of death. Dependents must have been natural or adopted children or a
dependent spouse. Any officer, who is killed in the performance of duty or who dies or is totally
disabled as a result of an accident or an injury caused by external violence or physical force,
incurred in the performance of duty, when the death, accident, or injury is compensable shall be
entitled to a scholarship at any one of the institutions of collegiate grade located in California
if the institution offers a two-year junior college or four-year college course and is accredited or
is a candidate for accreditation by the Western Association of Schools and Colleges.
This program is known as the Law Enforcement Personnel Dependents (LEPD) program and
is administered by the California Student Aid Commission. Contact: California Student Aid
Commission, Office of Special Programs, LEPD Grants, PO Box 419029, Rancho Cordova,
CA 95741-9029, telephone (916) 526-7973 or 1-888-224-7268 #3. This scholarship is based
upon financial needs. When determining the student’s or parent's income, none of the
death benefits are to be included in the income amount.
The scholarship is to include payment of tuition and fees, monthly allowance, books, and
supplies. The scholarship shall not exceed a maximum of $5,250 per year if he or she has
demonstrated his or her financial need for the scholarship. Minimum amount awarded is $100.
As used in this section, "dependent" means the children (natural or adopted) or spouse, at
the time of the death or injury, of the peace officer.
The Peace Officers Research Association of California (PORAC) offers a scholarship
program that includes family members of officers killed in the line of duty. For more
information, call PORAC at (800) 937-6722 or (916) 921-0660.
The California Peace Officers Memorial Foundation awards three scholarships each year to
dependents of California officers who died in the line of duty. Amounts and duration will be
determined by the Scholarship Committee based upon available funds. For more information,
contact Roger Mayberry, Judicial Protection District, East Los Angeles Annex, 4837 East
Third Street, Los Angeles, CA 90022, or fax your request to (213) 881-6734.
The California Correctional Peace Officers Association awards scholarship funds to
immediate family (son, daughter, current spouse, mother, father, brother, sister) of its deceased
members. For more information, contact the CCPOA at (800) 821-6443 or (916) 372-6060.
HEALTH BENEFITS
Part of AB 3478 signed by Governor Pete Wilson in 1996 provides that the employing agency
will continue to provide the same health benefits to survivors as those they received while their
officer was alive. Children will be covered until age 22. Contact your Benefits Assistance
Officer or your COPS Chapter for assistance.
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Rev. 09/04
WORKERS' COMPENSATION
It is mandatory in the State of California that employers carry this coverage. This benefit is
supplied by the City/County Insurance carrier. The benefit will be paid out as follows in all
cases where a peace officer has died in the line of duty:
- One dependent, the benefit is $125,000;
- Two dependents is $145,000;
- Three of more dependents is $160,000
A maximum of $490 per week will be paid out until the benefit is depleted or youngest child
reaches 18, which ever is longer. A $5,000 burial benefit also applies.
NOTE: This benefit is applied for and filed somewhat automatically with the assistance of the
deceased employing agency. If an appeal is necessary, the services of an attorney specializing in
this area will be required.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - All separate property, both real and personal, of decedent which is not
disposed of by will, or if there is excess of such property over share of surviving spouse or entire
estate if there is no surviving spouse, descends and is distributed as follows, any class of which
member is living taking to exclusion of subsequent classes. (1) Issue of decedent, equally if
same degree; (2) parents or surviving parents; (3) issue of parents or either of them, equally if
same degree of kinship or, if unequal (4) grandparents or issue of grandparents, equally if same
degree of kinship or if unequal (5) issue of predeceased spouse equally if of same degree or if
unequal (6) next of kin to equal degree, or if unequal (7) parents of predeceased spouse or issue
of each parent.
If decedent left no spouse or issue, and predeceased spouse died not more than 15 years before
decedent, portion of decedent's estate attributable to decedent's predeceased spouse, as defined,
shall pass in equal shares to issue of predeceased spouse by right of representation, if any,
otherwise to parents of predeceased spouse, or survivor, if any, otherwise to parents or issue of
deceased parents of predeceased spouse and their decedents by right of representation. Portion
of decedent's estate attributable to predeceased spouse includes one-half of community property
in existence at death of predeceased spouse which such spouse transferred to surviving spouse or
which vested in decedent upon death of predeceased spouse. Such portion includes all separate
property of predeceased spouse. Remaining portion of decedent's estate shall be distributed
according to intestate rules escheat to state because there is no kin of decedent to take, that
portion then passes to next of kin of predeceased spouse.
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Statutory scheme provides for distribution among heirs or beneficiaries, for both intestacy and
where will or trust.
ADDITIONAL BENEFITS
If your officer was killed in Los Angeles, California, there is a book published by the Los
Angeles Protective League, 600 E. 8th Street, Los Angeles, CA 90014, (213) 626-5341. It is
entitled "A Benefits Guide For The Families Of Los Angeles Police Officers". As the title of this
book states, it is a "guide" to help Los Angeles Police Officers and their families know what
benefits are available to them on the death of a police officer. It is only a guide and you or your
spouse may be entitled to more benefits than are stated within the text. Because situations and
locations of officers is so diverse, contact your local benefits program for specific benefits to
which you are entitled.
If your officer was employed by the City of Oakland, you may be entitled to additional benefits.
Contact the Oakland Police Officers Association, 717 Washington Street, Oakland, CA
94607-3979, telephone (510) 834-9670.
California has a Victim Assistance Program. This program can only be utilized if all other
insurances, coverage, and money has been exhausted. For information, contact Victims
Assistance, 1401 Lakeside #802, Oakland, CA 94612, telephone (510) 272-6180.
100 Clubs exist in some California counties. Check with your Benefits Assistance Officer to
see if a 100 Club exists in your county.
Members of fraternal organizations may have additional life insurance. Check with your
Benefits Assistance Officer for information.
MEMORIALS
Los Angeles Police Department Memorial is located at 150 N. Los Angeles Street outside
Parker Center.
Los Angeles County Sheriffs Memorial is located at the Sheriffs Academy, 11515 South
Colima Road, Whittier, California.
California Police Officers Memorial is located on the west side of the State Capitol building
grounds in Sacramento, California.
Orange County Peace Officers' Memorial is located at the Orange County Courthouse, Plaza or
the Flags, Santa Ana, California
Riverside County Peace Officers' Memorial 4102 Orange Street, Riverside, California
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PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professionals, and local peer-support organizations to provide assistance to surviving families of
law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors.
In Northern California, contact Mrs. Tammy Monego, President, Northern CAL-COPS, 1320
Stonewood Drive, Brentwood, CA 94568, telephone 925-516-7666, email
norcalcops@hotmail.com.
In Central California, contact Mr. Leon Isaac, President, Central CAL-COPS, 183 W.
Cambridge, Reedley, CA 93654, telephone 559-638-8575, email
centralcalcops@hotmail.com.
In Southern California, contact Mr. Andy Powell, President, Southern CAL-COPS, PO Box
890129, Temecula, CA 92589, telephone 941-587-8269, email copssocalif@verizon.net.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller