RELEASE OF WARRANTS OF A DECEASED STATE EMPLOYEE TO A PERSON DESIGNATED BY THE EMPLOYEE - 8477.2
(Revised: 04/2022)
Government Code Section 12479 states the following:
- Notwithstanding any other law, an employee of the state may file with their appointing power a designation of a person or persons for receipt of employee warrants upon death. The designation shall control who is entitled to receive the warrants that would have been payable to the decedent had they survived.
- An employee may designate a primary person and up to three contingent persons pursuant to this section. The first-designated person shall be the designated person that receives the warrants. If the first-designated person predeceases the employee, the next-listed designated person who survives the employee shall be the designated person that receives the warrants.
- The appropriate designated person shall claim the warrants from the appointing power. Upon sufficient proof of identity, the appointing power shall endorse and deposit the warrants in the manner provided in Section 17051 and shall issue a revolving fund check in the original amount payable to the designated person.
- The employee may change the designation from time to time.
- For purposes of this section, "person" includes, but is not limited to, a corporation, a trust, or an estate.
Agencies/Departments will ensure that employees are advised of this right and are afforded an opportunity to make such a designation. State Controller’s Office (SCO) warrants for payment of death benefits and refunds of employee retirement contributions cannot be released pursuant to this designation.
Agency/Department questions regarding the legality of the release of the SCO's warrants to a designee shall be referred to the agency/department's attorney or the Office of the Attorney General.
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