Willis

Appeal from judgment denying writ of mandate seeking to force retirement board to allow appellant to change retirement election made by her deceased husband. Affirmed.

Appellant contends denial of the writ was error because Civil Code section 5125, subdivision (b) requires that a spouse give written consent to such an election.

Facts and Procedural History

Respondent Board of Administration of the Public Employees’ Retirement System (PERS) offers various plans for paying retirement benefits to its members upon retirement. These plans allow the retiree to make an irrevocable election to forego some portion of the maximum monthly retirement payment in return for increased benefits to his survivors upon his death.

Appellant and George Willis (George) were married for twenty-five years and had six children.

When George retired from the Monterey Park Police Department with an industrial disability his contributions to PERS amounted to $32,467.03. He selected, without appellant’s consent, the retirement plan that paid the maximum monthly retirement payment during his lifetime and the minimum in survivor benefits. George died 19 months after retirement and 15 months after…