RELEASE OF WARRANTS OF A DECEASED STATE EMPLOYEE TO A PERSON DESIGNATED BY THE EMPLOYEE - 8477.2-JAN-2021

(Revised: 01/2021)

Government Code section 12479 reads as follows:

1. Notwithstanding any other law, an employee of the state may file with his or her 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 he or she survived.
2. 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.
3. The appropriate designated person shall claim the warrants from the appointing power. Upon sufficient proof of identity, the appointing power shall deliver the warrants to the claimant. A designated person who receives warrants pursuant to this section shall be entitled to negotiate the warrants as if he or she were the payee.
4. The employee may change the designation from time to time.
5. For purposes of this section, "person" includes, but is not limited to, a corporation, a trust, or an estate.

Agencies/departments will assure that employees are advised of this right and are afforded an opportunity to make such a designation. The State Controller’s Office’s (SCO) warrants for payment of death benefits and refunds of employee retirement contributions cannot be released pursuant to this designation.

This law relates only to the SCO's warrants and does not authorize agencies/departments to release agency checks. Agency’s/department’s questions regarding the legality of the release of the SCO's warrants to a designee shall be referred to the agency's/department's attorney or the Office of the Attorney General.