Section 21037 - Election to cancel contributions by installments by member retiring for disabilityNotwithstanding any other provision of law, the following shall apply:
(a) A member who has elected to receive credit for service by contributing in installments and who retires for disability on or after January 1, 2004, when the election for service credit does not increase the member's allowance payable, may elect to cancel the installments prospectively. The member's election may be received by the system no more than 30 days after the date on which the member's retirement for disability is approved. The effective date of the member's election shall be the effective date of the member's retirement for disability. No refund of contributions paid in installments prior to the effective date of the member's election may be payable to a member or retired member as a result of an election made by a member pursuant to this section.(b) A member's election pursuant to this section shall be void, and installment payments shall resume, upon a member's reinstatement from retirement for disability. The remaining balance due shall be recalculated to include interest during the disability retirement period.(c) On or after January 1, 2004, the survivor of a member who elected to receive credit for service by contributing in installments, when the survivor is eligible to receive an allowance subject to Section 21541, may elect to cancel the installments prospectively when the election for service credit does not increase the survivor's allowance payable. The survivor's election shall be received by the system no more than 30 days after the member's date of death. The effective date of the survivor's election shall be the member's date of death. No refund of contributions paid in installments prior to the member's date of death may be payable as a result of an election made by a survivor pursuant to this section.(d) A survivor's election pursuant to this section shall be void, and installment payments shall resume, upon a determination that the death was not industrial, following payment of a temporary special death benefit allowance, provided that the survivor is then entitled to a monthly allowance under Section 21546, 21547, 21547.7, or 21548. The remaining balance due shall be recalculated to include interest during the temporary special death benefit period.(e) A member who retired for disability prior to January 1, 2004, or the survivor of a deceased disability retiree who began receiving a postretirement death benefit allowance prior to January 1, 2004, or the survivor of a member who began receiving an allowance subject to Section 21541 prior to January 1, 2004, may elect to cancel installments prospectively when the election for service credit does not increase the allowance payable. The effective date of the election shall be the date that the election is received by this system. No refund of contributions paid in installments prior to the effective date of the election may be payable pursuant to this section.(f) Notwithstanding any other provision of this section, any election with an effective date on or after January 1, 2020, shall be subject to subdivision (e) of Section 20776.Amended by Stats 2018 ch 168 (AB 2196),s 2, eff. 1/1/2019.Amended by Stats 2003 ch 855 (SB 268),s 5, eff. 1/1/2004.